w2 l2 Flashcards
q: What does “conduct” mean in criminal law?
a: Conduct refers to what the defendant does or fails to do, and whether their actions lead to the outcome of a crime (e.g., injury, death, damage).
q: What key question is asked to determine causation in criminal law?
a: Did the defendant actions significantly contribute to the result (like death or harm)?
q: What must the defendant conduct be in England and Wales to establish causation?
a: The conduct must be the “operating and substantial cause” of the result.
q: What does “operating cause” mean in England and Wales?
a: The conduct must still be actively contributing to the outcome when it occurs.
q: Give an example of an “operating cause.”
a: If a victim dies from blood loss after being stabbed, the stabbing is the operating cause because it directly caused the bleeding.
q: What does “substantial cause” mean in England and Wales?
a: The conduct must be a significant or major factor not minor or trivial.
q: Give an example of a “substantial cause.”
a: If a victim has a pre-existing condition but the stabbing significantly accelerates their death, the stabbing is still a substantial cause.
q8: What is the causation standard in Ireland?
a8: The defendant conduct must be connected to the result in a way that is “more than minimal.”
q9: What does “more than minimal” mean in Ireland?
a9: The conduct doesn’t need to be the main or only cause, but it must play a meaningful role in the result.
q10: What is an example of “more than minimal” causation in Ireland?
a10: If someone severely injures a victim and the victim later dies in the hospital due to complications, the injury caused by the defendant would still satisfy the more than minimal test.
What is the key case for causation in England and Wales?
A11: R v Smith (1959)
A soldier stabbed another soldier. Even though the medical treatment was poor, the court held that the stabbing was the “operating and substantial cause” of death.
What is the key case for causation in Ireland?
A12: DPP v Davis (2001):
The defendant assaulted a woman, causing severe injuries that contributed to her death. The court ruled that the injuries were “more than minimally” connected to her death.
What is the main difference in causation standards between England/Wales and Ireland?
A13:
England and Wales: Conduct must be the “operating and substantial” cause of the result (higher threshold).
Ireland: Conduct must play a role that is “more than minimal” (lower threshold).
What analogy can be used to explain the difference in standards between England/Wales and Ireland?
England and Wales: The conduct is like the main driver of a car crash.
Ireland: The conduct is like one of several meaningful contributors to the crash—it doesn’t need to be the main driver, but it must matter.
q15: How can you summarize the causation standards for study purposes?
ngland and Wales: Defendant’s actions must be a major, direct cause (“operating and substantial”).
Ireland: Defendant’s actions must be at least a meaningful contributor (“more than minimal”).
