Caustation Flashcards
What is causation
The chain of events that links the defendants conduct to the consequences, this must not be broken for the D to be found guilty
What are the 2 tests that prove causation
Factual and legal
What is factual causation
D will only be liable if he is the reason for the consequence as they wouldn’t have happened if it wasn’t for him
What test do you use for factual causation
‘But for’ test
What case supports factual causation
White
What is legal causation
D has caused the outcome as he played a big role in how the situation panned out
What test do you use for legal causation
More than a minimal way or operating and substantial cause
What case supports legal causation
Smith
What are intervening acts
Situations that can occur that may break the chain of causation which could leave the defendant not guilty
What are 5 factors that may break the chain of causation
Act of 3rd party, medical negligence, Vs own actions, act of god and thin skull rule
What is the act of a 3rd party
If their actions are seen to have more of a contribution to the consequence than the D, he may be deemed as not guilty
What case supports act of a 3rd party
Smith
What is medical negligence
If what they are doing is deemed as ‘extraordinary and unusual’ their actions may be seen as the cause of the consequence
What case supports medical negligence
Cheshire
What is the victims own actins
This means anything that the victim does that contributes to their injuries can break the chain of causation however if they are seen as reasonably foreseeable actions, the chain wont be broken
