Causation Flashcards
R v pagett
D used his pregnant girlfriend as a shield and started firing at the police. She died, G of Manslaughter.
Created the ‘but for ‘ rule
R v white
D put cynaide in his mother’s drink, she died of heart attack before drinking it.
D not factual cause of death, G of attempted murder.
R v kimsey
D involved in car chase with v, she lost control and v died. Evidence precrash unclear. G of dangerous driving.
Held cause must be more than a trifling link, D can be guilty of conduct is more than a minimal consequence.
R v blaue
D stabbed v, v needed blood transfusion but refined as she was a Jehovah’s Witness, she died. G of murder.
Held the thin skull rule, have to take your victim as you find them
R v Smith
2 soldiers had fight and one was stabbed. V carried by other shoulders but dropped on way. At centre given artificial respiration but died. D guilty as injury was still operating and substantial cause of death.
R v Cheshire
D shot v in thigh and stomach. V given a tracheotomy and died from complications. D liable for death
R v Jordan
V stabbed in stomach. Wounds healing but was gave antibiotics and died from an allergic reaction. Doctors held to be an intervening act so d not liable.
R v Malcherek
D stabbed wife in stomach and she was put on life support machine which was switched off. G of murder. Jude refused to allow the issue of causation to go to jury
R v Holland
D involved in fight in which he inflicted deep cut on V’s finger. V failed to take care of wound and it became infected causing v to die.
D liable for death despite victims own actions in contributing to his own death.
R v dear
D’s daughter accused v of sexual Harassment causing d to slash him with knife. V recieved treatment but later reopened wounds in sucked attempt and died.
D guilty of murder as wounds still operating and substantial despite v’s own actions
R v Roberts
V jumped from car to avoid D’s sexual advances. V injured and D liable for injuries despite victims own actions
R v marjoram
D and others shouted abuse and kicked open D’s door. V fell (or jumped) from window. D liable for inflicting GBH.
Held it was reasonably foreseeable that v would fear violence and only escape was window
Williams and Davis
D picked up v on way to Glastonbury. V jumped out of car and died. Prosecution alledged D in process of robbing him, conviction quashed as lack of evidence to nature of threat.
