Causation - Textbook Reading Flashcards
R v Nette (Canada SC)
Arbour J = Legal causation concerned with whether criminally responsible for occurring consequences of an act. Informed by words of offence and SI principles. In turn informed by CJ principles e.g. morally innocent not punished
R v Mellor
– Can have more than one significant cause of death in a murder
DPP v Murphy (SC)
Kearns J = Causation is a factual issue for the jury. Present case has abundant evidence supporting the prosecution’s claim that the accused caused the victim’s death – In good health, state of undress, victim had had sex just before murdered, couldn’t have gone voluntarily or being marched to where body found, accused’s confession
Hart and Honoré on NAI
- Hart and Honore – Free and informed intervention of a second person not connected to the original actor who sees and exploits the situation created by the original actor normally relieves of criminal responsibility
R v Fowler (California SC)
Act must be voluntary and the proximate COD – Where man bludgeoned the victim and left him lying on a road and was driven over, still legal cause for these reasons – Chain not broken
Authors’ comments on Eggshell Skull rule
Psychological features – What about irrationally held beliefs or beliefs based on supposition or bigotry
R v Flynn
- Neglect of victim’s injuries leading his death did not break the chain of causation;
- Pigot CB = Edward Rew’s case – Where wounds neglect, chain of causation not broken as the victim would not have died but for the wounds;
- GP = No NAI where victim goes about ordinary conduct, different if out of the ordinary conduct so conviction upheld
People v Lewis
Shot in stomach and then slit own throat – Stomach wound still operating cause as would have died within an hour
R v Dear
Suicide; Jury decides whether accused would have taken own life even without the acts of the accused
R v Wallace
Sulphuric acid injuries euthansia;
CoA = Euthanasia RF range of response question
R v Kennedy (HoL)
- Supplier of illegal drugs
- Adults of sound mind have free will; Glanville Williams – Urged but once volitional act, chain of causation broken; Hart and Honoré – Previous statement already noted, HoL note its approval in R v Latif
DPP v Naughton
Manslaughter case but LRC endorses Kennedy and says not manslaughter as difficulties identify basis of unlawful act and English cases involve free and voluntary act of the deceased
Charleton’s Reforms for the Principles of Causation
Standard formulation – Uniform test of substantial contribution
Canadian model – Objective model for foreseeability of a consequence or concept;
No CL where consequence objectively unforeseeable
Balance interests – Bases test on the mental processes of ordinary people – Predictability, objective principles - Correlation between fairness and outcome of decided cases
