Explain what is meant by causation Flashcards

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1
Q

What must a prosecution prove about a consequence

A

The defendants conduct was the factual cause of the consequence, the defendants conduct was in law the cause and that there was no intervening act

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2
Q

What is the only way for a defendant to be guilty

A

If the consequence would not have happened but for the defendants action

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3
Q

What happened in R v Pagett

A

Defendant used pregnant girlfriend as a shield while shooting an armed policeman, the policeman shot the girlfriend and was killed. Defendant was convicted of manslaughter as it wouldn’t have happened “but for” the defendant using her as a shield

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4
Q

What is the thin skull rule

A

The defendant must take the victim as they find them

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5
Q

How does the thin skull rule make a defendant liable

A

If the victim has something unusual about their physical or mental state that makes them subject to serious injury

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6
Q

What is the link between the act and consequence called

A

Chain of causation

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7
Q

What is the key test for legal causation

A

The defendants act must be an operative and substantial cause of the consequence

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8
Q

How can the chain of causation be broken

A

An act of a third party, the victims own act or a natural but unpredictable event

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9
Q

What is an intervening act

A

Something else that happens after the defendants act or omission that breaks the chain of causation

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