causations Flashcards
Explain ‘factual causation’
‘but for’ test - ‘but for’ the actions of the D, the V would be unharmed
What is the case for ‘factual causation’?
R v White:
D poisoned mothers milk, intending to kill her, nut she died of another reason.
D not liable - ‘but for’ D’s actions, she still would’ve died.
Explain ‘legal causation’?
The ‘de minimus’ rule
D’s percentage contribution to the crime.
What is the case for ‘legal causation’?
Cato: more than minimal but need not be substantial.
What are the 6 possible intervening acts in causation?
- the death ultimately wasn’t caused by D
- V tries to escape but as a result, is injured or dies.
- more than just D involved
- V refuses medical treatment
- where V has pre-existing medical treatment
- where medical treatment given falls short of what’s expected
What is the case for the intervening act of ‘the death ultimately wasn’t caused by D’?
R v Pagett:
Used girlfriend as a human shield - police killed her
What is the case for the intervening act of ‘V tries to escape, but as a result is injured or dies’?
R v Robert:
Jumped out of car - ‘daftness test’ - ‘daft’ action by victim results in a break in chain of causation
What is the case for the intervening act of ‘more than just D involved’?
R v Benge:
Repair man miss-read time book for trains. train driver also hit the breaks too late. Many were killed.
What is the case for the intervening act of ‘V refuses medical treatment’?
R v Blaue: D stabbed V. V was a Jahovah’s witness so refused blood transfusion that would have saved his life.
What is the case for the intervening act of ‘V has pre-existing medical treatment’?
‘egg-shell skull rule’
R v Hayward:
D was chased by husband into the road but collapsed and died.
What is the case for the intervening act of ‘where medical treatment given falls short of what’s expected’?
R v Jordan:
Died after wound started to heal due to pneumonia.
