Causation

Question 1

two types of causation

Answer 1

legal and factual

Question 2

test for factual causation

Answer 2

‘but for’ test

Question 3

Case for factual causation passing

Answer 3

R v Pagett

Question 4

Case for factual causation failing

Answer 4

R v White

Question 5

test for legal causation

Answer 5

operative and substantial test

Question 6

Case where chain of causation wasn’t broken

Answer 6

R v Smith

Question 7

Case where chain of causation was broken

Answer 7

R v Jordan

Question 8

de minimus rule

Answer 8

where in order for a criminals judgements to be ‘substantial’ they must be more than just a minimal cause of death

Question 9

Case where de minimis came about

Answer 9

R v Cheshire

Question 10

novus actus interveniens

Answer 10

intervening act

Question 11

three things that break the chain of causation

Answer 11

actions of a third party
victim’s own actions
natural and unpredictable event

Question 12

an intervening act must be

Answer 12

sufficiently independent

serious enough

Question 13

actions of a third party case

Answer 13

R v Pagett
R v Jordan
R v Cheshire

Question 14

Victims own actions case and important points

Answer 14

must be reasonable and foreseeable
R v Roberts, yes
R v Williams, no

Question 15

things that can apply to an ‘act of god’ or unpredictable event

Answer 15

tsunami
Hurricane
Flood
Volcano
Earthquake

Question 16

thin skull rule what it is and case

Answer 16

take your victim as you find him, any vulnerability of v will not break chain of causation
R v Blaue

Question 17

what characteristics can make ‘V’ weaker

Answer 17

mental illness, allergies
faith, brittle bones
age, diabetes