Causation Flashcards
1
Q
What is causation
A
- the prosecution have to prove they were responsible for the death of the other person
- need to establish they caused it
2
Q
what do you need to prove with causation
A
- there was factual cause of harm
- there was legal responsibility
- proof of factual and legal causation
3
Q
White 1910
A
- poisoned mothers drink but she died of heart attack
- not murder as no factual causation
4
Q
R V Hughes 2013
A
- victim driving intoxicated on heroin and dies
- D driving without license and insurance
- D convicted of faulty driving
5
Q
Re a conjoined twins 2000
A
- separation would give one twin chance of survival but the other would die
- factual causation of weaker twins death
6
Q
What is the deminimis principle
A
- need not be the only cause
- must be significant cause
- more than negligible trivial cause
7
Q
Jordan 1956
A
- D stabs V
- wound almost healed
- T injects antibiotics he was intolerable to
- v dies
- was not the stab that killed V it was the anitbiotics not working
- broken chain of causation
8
Q
Smith 1959
A
- d stabs v
- t exacerbates wounds by dropping V
- V receives wrong treatment
- v dies
- stabs still contributory to death even though steps in between
9
Q
Cheshire 1991
A
- D shoots V twice
- T performs tracheotomy wrong and v dies
- at the time of death the shot wounds were not life threatening
- the cause was the negligence from the tracheotomy
- original shooting was significant cause of death
- it was the reason he was in hospital in the first place
10
Q
2 rules that came from Cheshire
A
- original harm must no longer be contributing to occurrence of the eventual result
- the relevant intervention must be independent
11
Q
3rd party interventions?
A
voluntary act- will break the chain of causation, free deliberate and informed
12
Q
6 causation principles
A
- factual causation
- significant contribution
- voluntary act
- abnormal/ extraordinary act
- reasonable foreseeability
- thin skull, take your victim as found
