U1B: Causation Flashcards
What are the three things the Prosecution show to prove causation?
- D’s conduct was the factual cause of that consequence;
(Factual Causation) - D’s conduct was the legal cause of that consequence;
(Legal Causation)
and
- No novus actus interveniens which had broken the chain of causation
What does ‘No novus actus interveniens’ mean?
-No Intervening Acts
What are the two types of Causation?
-Factual
-Legal
How is Factual Causation tested?
-Tested by the ‘But for’ test
What is the But For test?
-‘But for’ D’s conduct, would the consequence have occurred anyway?
-If it would have happened anyway, D has no liability for outcome
What case introduced the ‘But for’ test?
-R V White,
BUT doesn’t show it in action.
Which case shows the But For test in action?
-R V Pagett
Why is Legal Causation also needed to be established?
-Factual Causation on its own is not enoough
What is Legal Causation?
-De minimis principle
Where D’s contribution must be more than minimal
What is the case example for De minimis principle AND what does it further say?
-R v Kimsey
SAYS: must be more than a ‘slight and trifling link’ between the cause and the outcome
What is the second case example for Legal Causation
+ what does it say?
-R v Hughes
-D must commit a culpable act
(blame-worthy act)
What is the Chain of Causation?
-Where there must be a direct link between D’s act and the prohibited outcome
AND:
-No Novus Actus Interveniens
What are the circumstances in order to break the Chain?
-Intervening acts
MUST BE:
(1)- independent of D’s conduct
(2)- serious enough to excuse D from liability
What are the 3 examples of Intervening Acts that break the COC?
1) An unforeseen natural event
2) Intervention of 3rd parties
3) Acts of the victim
How can third parties break the Chain?
IF:
-the third party act is so independent of the D’s act and potent in causing death that the D’s acts are insignificant
What are 2 case examples where third party acts did NOT break the Chain + why?
-R V Cheshire-
BECAUSE: the cause was not independent of original act
-R v Malcherek-
BECAUSE: switching off life support machine doesn’t break the chain
What is the case example where third party acts DID break the Chain and WHY?
-R v Jordan
-BECAUSE of: Palpably wrong medical treatement
When does a victim’s own act break the Chain?
-If the V’s act wasn’t reasonably foreseeable
What is the case examples where victim’s own act DID break the Chain?
-R v Williams
What is the ruling/question raised in R v Williams?
-Vs act was so extreme, it was NOT reasonably foreseeable
What is the case examples where victim’s own act did NOT break the Chain?
-R v Roberts
What is the ruling raised in R v Roberts?
-Victim’s own act WAS reasonably foreseeable
What is the ‘Thin skull rule’ and what is it’s case example?
-When Personal characteristics which render V more susceptible
EG: R V Blaue
