Elements Of A Crime - Causation Flashcards
1
Q
The 2 types of causation
A
- Legal
- Factual
2
Q
Test for Factual Causation
A
The But For test
V would / would not have [consequence] But For D’s [conduct]
3
Q
Cases for Factual Causation
A
- R v. White (fails)
* R v. Pagett (passes)
4
Q
Tests for Legal Causation
A
*Operative & Substantial (Immediate & a main cause) *De minimus (More than a minor cause) *Thin Skull rule F
5
Q
Case for Operative & Substantial Rule
A
*R v. Smith (passes)
6
Q
Case for De Minimus Rule
A
*R v. Cheshire (passes)
7
Q
Case for Thin Skull Rule
A
R v. Blaue (passes)
8
Q
General Groups for Instances causing a break in the chain of causation
A
- Actions of a 3rd Party
- Victims own actions
- Natural/ unpredictable event
9
Q
Thin Skull Rule
A
Any pre-existing condition that V has will not break the chain of causation
