Causation (AO1)

Question 1

What does causation mean, summarised?

Answer 1

Was the D the factual and legal cause of the V’s death/injuries and was there no intervening act to break the chain of causation?

Question 2

What are the three elements of causation?

Answer 2

-Causation in fact
-Causation in law
-Intervening acts

Question 3

Explain Causation in fact…

Answer 3

The But for test: Without D’s illegal actions the consequence wouldn’t have happened (Pagett)

Question 4

Explain Causation in law…

Answer 4

-D’s actions were a more than minimal cause/operating and substantial cause of the ultimate consequences
-Thin skull rule: D must take V as he finds them (Blaue)

Question 5

Explain intervening acts…

Answer 5

-Chain of causatino can be broken by an intervening act although this is very rare
(List 4)

Question 6

What are 4 examples of case intervening acts?

Answer 6

-Medical Treatment (Jordan)
-V’s own actions (Roberts)
-V’s own self neglect (Dear)
-Actions of third party/natural event

Question 7

What are the 3 applications of causation?

Answer 7

-Apply but for test
-Apply more than minimal cause
-Any intervening act?