Definitions - Causation

Question 1

Result crime

Answer 1

Crime which has a result element and is where a required result must happen for the offence to be committed e.g victim must die for the defendant to be charged with murder

Question 2

What is required for a result crime?

Answer 2

Causation

Question 3

Causation

Answer 3

Whether defendant’s act or omission caused the harm or damage

Question 4

What are the two types of causation

Answer 4

Factual causation

Legal causation

Question 5

Factual causation

Answer 5

Applying ‘but for’ test - ‘but for the actions of the defendant would the result have occurred?’
Yes - not liable
No - liable
(R v white)

Question 6

Legal causation

Answer 6

Harm must result from a culpable act (r v Dalloway)
Defendants actions need not be the sole cause of the resulting harm, but must be more than minimal (r v benge)
Must be no novus actus interveniens

Question 7

Novus actus interveniens

Answer 7

An intervening act which breaks the chain of causation

Question 8

What are the different tests for novus actus interveniens

Answer 8

Act of third party - break chain of causation (r v Padgett)
Act of victim - (r v Roberts)
Medical intervention - (r v Cheshire)

Question 9

Thin skull rule

Answer 9

Defendant must take victim as he finds them
e.g. if defendant assaults someone with a heart condition and they have a heart attack and die then defendant is liable even though such an attack would not result in death of an ordinary person

Question 10

When else does thin skull rule apply

Answer 10

When victim refused medical treatment (r v Blaue)