Factual Causation Flashcards
r v white
FACTS
The defendant put some poison in his mother’s milk in an attempt to kill her. She died that night because of a heart attack and not the poison. The defendant wasn’t liable her death as poisoning her kilo didn’t kill her
r v white
LEGAL PRINCIPLE
This case established the but for test - would the result occurred but for the action of the defendant if yes - the defendant isn’t liable
r v pagget
FACTS
The defendant killed a police officer who tried to arrest him and subsequently attempted to use a pregnant girl as a human shield to defend himself The officer returned fire, killing the girl. The defendant was acquitted of murder but convicted of manslaughter which ne appealed
r v pagget
LEGAL PRINCIPLE
The actions of firing at the police officer and forcing the victim to shield him from return fire was a more than minimal cause to the victims death
r v smith
FACTS
The victim was stabbed and taken to a medical centre. On the way to the medical centre he was dropped twice.at the medical centre he had to wait 45 minutes for treatment and the treatment he received was poor
r v smith
LEGAL PRINCIPLE
The defendants was still the legal cause of the victims injury’s because the original injury was an operating and significant cause
r v robert’s
FACTS
The victim hitched a drive, when the car started the driver touched the victim frightening her. Fearing she was going to be attacked she jumped out of the car causing some injury’s
r v robert’s
LEGAL PRINCIPLE
Is the victims own actions are reasonable and foreseeable, there wont be a break in the chain
r v dear
FACTS
The defendants daughter accused a man of sexually assaulting her. The defendant went after him and repeatedly slashed him with a knife. The victim received medical treatment but later reopened his wounds in what was thought to be a suicide attempt and died two days after the initial attack
r v dear
LEGAL PRINCIPLE
The defendants conviction was upheld as the wound was the operating and substantial cause of death
r v jordan
FACTS
The defendant stabbed the victim, the victim was taken to the hospital and given antibiotics after snowing an allergic reaction to them. He was also given an excessive amount of intravenous liquids. He died of pneumonia eight days after being admitted to the hospital.at the time of his death his wounds started to heal.
r v jordan
LEGAL PRINCIPLE
The victim died of the medical treatment and not the stab wound. The defendant wasn’t liable for his death as the medical treatment he received was palpably wrong
r v blaue
FACTS
The defendant stabbed the victim and the victim was taken to hospital where she needed a blood transfusion. The victim was a Jehovahs witness and refused the blood transfusion and died
r v blaue
LEGAL PRINCIPLE
The thin skull rule applies where the defendant must take their victims as they find them
