causation cases-criminal law Flashcards
R v Paggett
D uses pregnant girlfriend as a shield while he shot at an armed policeman. Policeman fired back and she died. Paggett was convicted of her manslaughter. She would not have died ‘but for’ him using her a a human shield.
R v White
D put cyanide in his mothers drink, intending to kill her however she died of a heart attack before drinking it. D was not the factual cause of her death; guilty of attempted murder
R v Blaue (thin skull rule)
D stabbed a young woman, she was told she needed a blood transfusion to save her but she refused (her religion forbade her). She died and D was convicted of murder as he had to take her as he found her.
R v Cheshire
D shot the victim in the thigh and stomach. Victim had problems breathing so was given a tracheotomy. Doctors did not spot complications with the tracheotomy and they died. By the time of death the original wounds were no longer life threatening, however D was still held liable for his death.
R v Jordan (NAI- act of third party: medical treatment)
Victim had been stabbed in the stomach, was treated in hospital and wounds were healing well. He suffered an allergic reaction form an antibiotic so a doctor stopped the use. However the next day a doctor gave him a large dose and he died from an allergic reaction to the drug. Actions of the doctor was held to be the NAI which caused death. D was not guilty of murder as stab wound was not significant cause.
R v Roberts (victims own act)
A girl jumped from a car in order to escape form sexual advances. The car was travelling between 20-40 mph and the girl was injured through jumping from the car. D was held liable for her injuries.
R v Williams
Hitch-hiker jumped from Williams car and died from head injuries (hitting head on road- car was travelling 30 mph). The court stated that the victims act had to be foreseeable and also had to be in proportion to the threat (stealing his wallet), Here it was not in proportion to threat and injury to the victim was not caused by D.
