causation (actus reus)

Question 1

what are the two types of causation

Answer 1

factual causation, legal causation

Question 2

what is the test for factual causation

Answer 2

but for test- it must be proven that but for d’s conduct the consequence to v would not have happened

Question 3

chain of causation

Answer 3

in order for d to be the operative and substantial cause an unbroken chain of events must be established from d’s actions to the consequence

Question 4

intervening act

Answer 4

any event that takes place between d’s actions and the consequence to v

Question 5

intervening acts only break the chain if they are …

Answer 5

unreasonable
unforeseeable

Question 6

what are the three types of intervening acts

Answer 6

acts of a third party
acts of the victim
acts of god

Question 7

acts of third party case

Answer 7

R v Pagett

Question 8

R v Pagett (1983) case facts

Answer 8

D kidnapped pregnant girlfriend and ended up in a stand-off with armed police. D used V as a human shield and fired at the police. The police returned fire and killed V.
D was factual cause of v death

Question 9

In the medical profession there is an extra requirement for proving they break the chain

Answer 9

palpably wrong

Question 10

examples of acts of god

Answer 10

lightening
hurricane
wildfire
flood
animal attack

Question 11

what is the thing that never breaks the chain of causation

Answer 11

the thin skull rule

Question 12

what kinds of conditions does the thin skull rule apply to

Answer 12

physical
mental

Question 13

is the thin skull rule fair/unfair

Answer 13

fair- why punish the victim
shouldn’t stab people anyway
not fair- medical conditions- d didn’t mean for v to die

Question 14

R v white (1910) case facts

Answer 14

D decided to poison his mother to gain his inheritance, his mother took a sip of her poisoned drink but coincidentally dies o a heart attack
D found guilty for attempted murder

Question 15

R v smith (1959) case facts

Answer 15

D and V were fellow soldiers who got into a fight D stabbed V from behind with a bayonet and punctured v’s lung medics were called to the scene but did not know the lung was punctured they saw v struggling to breathe and performed CPR which tore open his lung and he died
D-guilty of murder

Question 16

R v Jordan (1956) case facts

Answer 16

D shot v in the stomach. V had almost recovered from the gunshot in hospital when a doctor gave v antibiotics V had an allergic reaction so doctor wrote a note saying he shouldn’t be given more another doctor then gave him even more antibiotics V went into cardiac arrest and the doctors pumped 6 times the amount of fluid any human should have in their body
D not significant in v death
doctors fault

Question 17

R v Roberts (1971) case facts

Answer 17

D picked up a female hitchhiker while driving D started to make sexual advances on v who then jumped out the car and broke her leg
D is a significant c cause of the injury

Question 18

R v Williams (1993) case facts

Answer 18

D picked up v who was a male hitchhiker along the way D asked if he could see V wallet V thought he was about to be robbed so dived out the moving car hit his head and died
D is not a significant cause of the injury

Question 19

R v Blaue (1975) case facts

Answer 19

D stabbed v who was a Jehovah’s Witness when v was taken to hospital v was told he needed a blood transfusion v refused the operation on religious grounds and eventually bled to death
court says D must take his victim as he finds him

Question 20

Legal causation

Answer 20

the defendant’s act must be an operative and substantial cause of the consequence. His act need not be the sole cause, but must make a significant and not trivial contribution to the result.