Causation Flashcards
What is factual causation?
The result would not have occurred but for the act
What is legal causation?
The connection between the act and the result is sufficiently strong for it to be reasonable to hold the person criminally liable. Connection cannot be too remote.
Which case shows difficulties in proving factual causation?
Laurie
What case is authority on the thin skull rule?
Bird
What is the Scottish approach to NAI’s on behalf of the victim
They have to be unexpected or exceptional to break chain of causation
What cases support this position?
Khaliq and Ulhaq and Macangus
Which assault case showed that the cause had to be a material one?
Hendry v HMA
What case states that the thin skull rule extends to psychological condition of the accused?
R v Blaue (jeohovahs witness refused blood).
Which case drew causal link between assault and vicitim jumping off his balcony to try and escape and subsequently dying?
Macdonald v HMA
What case states that if the complainer reacts daftly the chain might be broken? (was not in this case)
R v Roberts
What is the rule set out in R v Williamson about vicitms reactions?
- Was it RF that harm would come from the threat?
- Was the reaction within the range or expected responses?
- Was the reaction of victim proportional to threat?
What case states that for an infection to be a NAI it has to be completely seperate from the orginal wound?
James Wilson
How can medical treatment be a NAI?
If it is so grossly negligent as to be a independent cause of death.
Which case shows turning off life support does not act as a NAI?
Finlayson
What is the test of NAI?
Whether or not the harm was due to an intervening act that was reasonably foreseeable
