Causation Flashcards
What is factual causation, what is the test?
Means that they must be the factual cause of the injuries/ death. Found in the ‘but-for test’ from Pagett.
What were the facts in Pagett?
Used girlfriend as human shield from police bullets these hit her and she was killed.
- But for him using her as a shield she never would have been shot or died.
What is legal causation, what is the test?
Must show that they legally caused the crime. Do not need to be the main cause they just need too be more than the minimal cause as in Kimsey.
What were the facts in Kimsey?
Drove at high speeds, collided with another car which went into oncoming traffic. Was proved the victim lost control of the car before crash.
- Kimsey not the only cause of death but was more than a minimal cause.
What are the possible breaks in the chain of causation?
- Medical treatment
- Third party act
- The victims act
- Thin skull rule
For medical treatment to break the chain of causation what must it be?
Must be palpably wrong in order to break causation as the courts are reluctant to blame medical professionals.
What happened in the cases of Jordan and Smith?
In Jordan victim was stabbed but was given wrong medication and way too much liquid. Died of medical treatment so palpably wrong.
In smith he was stabbed and administers treatment was wrong, died of injuries not treatment. Not palpably wrong.
When do third party and victims own acts break the chain of causation?
When they are considered unreasonable, they must have been so unexpected to break the chain.
What happened in Roberts?
Gave a young girl a lift when started touching her inappropriately, jumped from the car as thought would be raped.
- Liable for injuries as her actions were reasonably foreseeable.
What is the thin skull rule?
Must take the victim as they find them, liable for full extent if a condition makes injuries worse.
What happened in Blaue?
Victim was stabbed and refused blood transfusion on religious grounds which would have saved her, she died.
- Liable for manslaughter as must take the victim as they find them.
