Factual Causation Flashcards
1
Q
How is factual causation established
A
The but for test, the consequence would not have occurred but for the defendants conduct
2
Q
If consequences would have happened anyway no criminally liability as seen in
A
R v white
Poisoned mother died of heart attack, doctors said died unconnected to poison hence acquitted
3
Q
If but for says no what does factual causation say
A
Yes
4
Q
Factual causation can be avoided if something else caused death, or victim caused own death as seen in
A
R v Dalloway
Child ran in front of horse and cart not holding reins, nothing could be done anyway
Shows more stringent test needed
5
Q
The defendants conduct must lead to the consequence know as
A
Sine qua non
