Causation Case List Flashcards
D was diving a horse and cart without holding the reins. A small child ran out of front of him and was killed.
R v Dalloway
Established the De Minimis test. D does not have to be the substantial cause of death as long as there is more than a slight or trifling link. High speed car chase.
R v Kimsey
Accelerated death principle.
R v Adams
Actions of third parties. Used his girlfriend as a shield while firing at police. Police fired back and killed girlfriend.
R v Pagett
Flight case: V jumped into river to escape violent assault from D.
R v Pitts
Established the daftness test.
R v Roberts
Several people including D were shouting abuse and kicking V’s hostel door. Eventually door opened and V fell/jumped from the window suffering serious injuries.
R v Majoram
Fright case: A father frightened his 3 year old son so severely the bit fell down the stairs and was killed
R v Mackie
Medical negligence: D stabbed V who died in hospital 8 days later. Does from an allergic reaction to a drug not stab wounds which had nearly healed. Conviction quashed.
R v Jordan
Factual causation. d poisoned his mother intending to kill her. Instead she died of a heart attack.
R v White 1910
Victim stabbed by Smith. Dropped twice en route to hospital. Doctors failed to realise the seriousness of the injuries and V died an hour later. D still convicted because original wound still operating and substantial.
R v Smith
Victim shot in December. Had major surgery in February but developed breathing difficulties, died 2 months later from breathing problems, gun shot wound no longer life threatening. Conviction upheld, treatment must be so independent and potent as to negate D
R v Cheshire
Life support machines
R v Malcherek
Thin skull rule, the victim has a pre existing medical condition or was to close by refusing medical treatment
R v Blaue
V did not receive treatment for a pre existing injury because of the injuries caused by D
R v McKechnie 1992
