Causation Flashcards
R v Benge 1865
D foreman of railway repair team.
Misread timetable, took up rails without enough time to replace.
Signalman sent but only to half necessary warning distance.
Train derailed, many deaths.
Negligence left to jury.
D held to be most substantial cause.
Guilty.
R v Malchereck 1981
V left D to live alone w/ daughters. D went to V's flat. They quarrelled, V stabbed nine times. While recovering V suffered pulmonary embolism originating in the leg, common complication of abdominal surgery. Heart resumed, inactive for 30mins. Relations switched off ventilator, V died. D convicted of murder. Appealed on causation. Held that judge was correct in withdrawing from jury. Treatment not abnormal. Every effort made to save V. Appeal dismissed.
R v Mitchell 1983
D cut in line at post office.
Man protested, D hit him.
Man fell into 89y/o woman (V).
V fractured femur, later died of related complications.
D convicted of assault of man, manslaughter of V.
Held on appeal: Unlawful act need not be directed at V.
V injured as a direct result of D’s act, jury entitled to find so.
Appeal denied.
Environment Agency V Empress Car Company (1998)
D maintained a diesel tank. Drained to river, spillage precautions. Pipe used to counteract safeguards. Third party opened tank tap. Contents drained into drum, overflowed. Diesel drained into river. D convicted of causing polluting matter to enter controlled waters. Held on appeal: Third party committed act. D created situation allowing act. Third party act wasn't 'extraordinary'. Appeal dismissed.
Rafferty v The Crown 2007
D1 tried for murder w/ D2/3.
D1 present for initial beating.
V further beaten by D2/3, then drowned.
Judge: Either D1’s contribution was significant and intentional; Murder.
OR D1 never intended serious injury; Manslaughter.
OR Drowning new/unforeseen intervening event.
Chain of causation broken.
Appeal allowed on causation.
Conviction quashed.
R v Smith 1959
D (soldier) fought w/ soldier from another regiment, stabbing him twice.
V received abnormal treatment of saline solution.
V died two hours later.
Adequate treatment recovery estimate: 75%
Appeal: Stabbing not sole cause of death.
Held: Second cause must be so overwhelming as to make original wound ‘a mere part of the history’.
Treatment harmful, wound still substantial and operating cause of death.
Appeal dismissed.
R v Cato 1976
D and V had injected eachother w/ heroin they had mixed.
Found by friends next morning.
Both had difficulty breathing.
D revived, V died.
D convicted of manslaughter by administering noxious thing.
Appeal: Judge failed to highlight D’s contribution must be more than ‘de minimis’.
Held: Jury could not have returned guilty unless satisfied of substantial cause, directed or not.
Administering noxious thing is unlawful.
Resulted in death of V.
Appeal dismissed.
R v Blaue 1975
D stabbed V, 18 y/o girl. V required blood transfusion. Refused on religious grounds, died. D convicted of manslaughter. Appeal: Refusal of treatment broke chain of causation. Held: Bleeding caused by stab wound. No universal standard of reasonableness. Those who use violence on others must take their victims as the find them. Appeal denied.
R v Dhaliwal 2006
V subjected to prolonged abuse. Struck by V during argument. V hung herself. D indicted w/ manslaughter by causing a psychiatric illness amounting to GBH. 2/3 experts could not conclude. Held: Psychological damage not amounting to psychiatric condition not sufficient. Upheld on appeal. No case to answer, D acquitted.
R v Williams & Davis 1992
V hitch hiking, picked up in car w/ three defendants.
V jumped from car.
Knife and stick found, no evidence they were shown to V.
D2/3 blamed each other, charged w/ manslaughter and robbery.
Jury directed: Must be sure D2/3 caused V fear.
Fear caused him to jump.
Jump caused death.
D2/3 appealed, V’s act was disproportionate.
Held: Using V’s act as evidence for gravity of threat was prosecution ‘Pulling itself up by its bootstraps.’
Convictions quashed.
R v Pagett 1983
D shot at police.
Used V, pregnant girlfriend, as human shield.
Jury directed: Must be satisfied that
D fired first.
Officers’ response was reasonable.
D intended V’s death. Murder.
OR D intentionally did an act that was dangerous and unlawful, resulting in V’s death. Manslaughter.
Jury returned latter.
Appeal: Judge misdirected, was D’s action an operative cause of death?
Held: Officers executing legal duty.
Act did not constitute novus actus intervienens.
Appeal dismissed.
R v Jordan 1956
D stabbed V, who later died. D convicted of murder. Further evidence submitted. Stab wound healed, Terramycin introduced (Infection prevention) D showed intolerance, treatment stopped but resumed by different doctor the following day. Held as 'Palpably wrong.' Abnormal amount of liquid introduced. Held: Death following normal treatment regarded is resulting from felonious injury. Facts would have been left to jury. Possible novus actus intervienens. Conviction unsafe. Conviction quashed.
R v Finlay 2003
V died of heroin overdose.
D charged w/ murder, administering a noxious thing, acquitted.
Convicted of manslaughter (Preparing syringe).
Appeal: self administration not a crime, D can not be a joint principle to a non-offence.
Held: Acts not a ‘Part of the background.’
Distinguished from Dias. In that case D had merely supplied heroin.
R v Carey 2006
V died following a heart complication running away from an assault.
Injuries from assault ‘small’.
D1-3 charged w/ affray causing V’s death by unlawful act manslaughter.
Prosecution must prove affray was a substantial cause of death.
Held: V was not in fear of attack.
Running to get home quickly.
Affray not cause, no unlawful act manslaughter.
R v Kennedy 2005
D prepared syringe of heroin.
V injected himself, then died.
D convicted of supplying class A drug and manslaughter.
Appeal: V made free, informed decision.
Chain of causation broken.
Held: Preparation of syringe made the administration a joint enterprise.
Conviction safe, appeal dismissed.
