Causation Flashcards
two types of causation
legal and factual
test for factual causation
‘but for’ test
Case for factual causation passing
R v Pagett
Case for factual causation failing
R v White
test for legal causation
operative and substantial test
Case where chain of causation wasn’t broken
R v Smith
Case where chain of causation was broken
R v Jordan
de minimus rule
where in order for a criminals judgements to be ‘substantial’ they must be more than just a minimal cause of death
Case where de minimis came about
R v Cheshire
novus actus interveniens
intervening act
three things that break the chain of causation
actions of a third party
victim’s own actions
natural and unpredictable event
an intervening act must be
sufficiently independent
serious enough
actions of a third party case
R v Pagett
R v Jordan
R v Cheshire
Victims own actions case and important points
must be reasonable and foreseeable
R v Roberts, yes
R v Williams, no
things that can apply to an ‘act of god’ or unpredictable event
tsunami Hurricane Flood Volcano Earthquake
thin skull rule what it is and case
take your victim as you find him, any vulnerability of v will not break chain of causation
R v Blaue
what characteristics can make ‘V’ weaker
mental illness, allergies
faith, brittle bones
age, diabetes
