Causation Flashcards
1
Q
Definition
A
It must be proved that D caused the result in fact and in law of the injury or the death
2
Q
Factual
A
The but for test asks but for the D’s actions, would V have suffered the consequences? This comes from the case of R v White
3
Q
Legal
A
Legal causation asks was the D the cause in law? This means D must be more than a slight or trifling contributory link to V’s death or injury. This comes from the case of Kinsey
4
Q
Chain of causation
A
Furthermore, it must be proved that there were not intervening acts from D’s actions to V’s injury or death as D could argue he is not responsible for example: escape attempts (R v Roberts), bad medical treatment (R v Cheshire) or thin skull rule (R v Blaue)
