Criminal- Causation Flashcards
Legal causation
Prove a chain of causation
D contributed to the outcome in a more than minimal way (Smith)
Factual causation
But for D’s actions would V have been injured or killed?
White
But for the D’s actions the mum would’ve died anyways so D isn’t the factua cause of her death
No intervening factors
D’s actions are the operating and substantial cause (Smith)
Actions of a 3rd party
General rule- actions don’t break the chain(Smith)
Only in the most extraordinary circumstances will this happen (Cheshire)
Actions of the victim
General rule- don’t break the chain as long as they are reasonable under the circumstances
Roberts, her leaping from the car was reasonable when she feared D
Thin skull rule
D must take V as e finds them. Meaning any conditions will not break the chain
Blaue, refusing the transfusion didn’t break the chain
Unpredictable natural event
Chain will not be broken therefore D is not the operating and substantial cause of the death or injury