Causation Flashcards
What is causation.
Where a consequence must be proved, then the prosecution has to show that: the defendants conduct was the factual cause of that consequence.
The defendants conduct was in law the case of that consequence
There was no intervening act which broke the chain of causation
What is factual causation
The defendant can only be guilty if the consequence would not have happened ‘but for’ the defendants conduct.
Pagett 1983 - defendant used his pregnant girlfriend as a shield while he shot at armed policemen. The police fired back and the girlfriend was killed. Pagett was convicted of her manslaughter as she would not have dried but for him using her as a shield in the shoot out.
White 1910- defendant put cyanide in his mothers drink intending to kill her. She died of a heart attack before she could drink it, he was guilty of attempted murder.
What is cause in law
There may be more than one person whose act may have contributed to the consequence. The defendants conduct must be more than a minimal cause, but it need not be substantial.
The defendant must also take the victim as he finds them - thin skull rule
Blaue 1975 - where a young woman was stabbed by the defendant. She was told she needed a blood transfusion but she was a Jehovah’s Witness. She died and was guilty of murder.
What is the chain of causation
There must be a direct link from the defendants conduct to the consequence.
It can be broken by: an act of a third party, the victims own act, a natural but unpredictable event.
Medical treatment - it is unlikely to break the chain
Smith 1959 - two soldiers, stabbed in the lung - artificial respiration. Attacker was still guilty of murder
Jordan 1956 - stabbed in the stomach - antibiotics, allergic reaction and given again - not guilty of murder
Victims own act
Defendant causes the victim to act in a foreseeable way - Roberts 1971
The victims reaction is unreasonable - Williams 1992
