Caustation Flashcards

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1
Q

What is causation

A

The chain of events that links the defendants conduct to the consequences, this must not be broken for the D to be found guilty

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2
Q

What are the 2 tests that prove causation

A

Factual and legal

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3
Q

What is factual causation

A

D will only be liable if he is the reason for the consequence as they wouldn’t have happened if it wasn’t for him

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4
Q

What test do you use for factual causation

A

‘But for’ test

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5
Q

What case supports factual causation

A

White

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6
Q

What is legal causation

A

D has caused the outcome as he played a big role in how the situation panned out

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7
Q

What test do you use for legal causation

A

More than a minimal way or operating and substantial cause

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8
Q

What case supports legal causation

A

Smith

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9
Q

What are intervening acts

A

Situations that can occur that may break the chain of causation which could leave the defendant not guilty

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10
Q

What are 5 factors that may break the chain of causation

A

Act of 3rd party, medical negligence, Vs own actions, act of god and thin skull rule

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11
Q

What is the act of a 3rd party

A

If their actions are seen to have more of a contribution to the consequence than the D, he may be deemed as not guilty

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12
Q

What case supports act of a 3rd party

A

Smith

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13
Q

What is medical negligence

A

If what they are doing is deemed as ‘extraordinary and unusual’ their actions may be seen as the cause of the consequence

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14
Q

What case supports medical negligence

A

Cheshire

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15
Q

What is the victims own actins

A

This means anything that the victim does that contributes to their injuries can break the chain of causation however if they are seen as reasonably foreseeable actions, the chain wont be broken

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16
Q

What case supports victims own actions

A

Roberts

17
Q

What is meant by an act of god

A

A natural unpredictable event occurs that effect the actions of the D making them worse

18
Q

What are some examples of an act of God

A

Extreme weather, floods, earthquakes…

19
Q

What is the thin skull rule

A

You must take the victim as you find them so if they suffer more due to an unknown condition allowances will not be made

20
Q

What case supports the thin skull rule

A

Blaue

21
Q

What do intervening acts fall under

A

Legal causation