causation

Question 1

factual causation - prosecution

Answer 1

‘sine qua non’ - but for test, would the victim of lived or died before the defendants actions

Question 2

legal causation - prosecution

Answer 2

morally responsible?
de minimus rule - more than minimal cause?
accelerated the death?

Question 3

White - FC case

Answer 3

cyanide in drink in order to kill mother for inheritance but she died of a heart attack before
NG of murder - but for his actions she would have died

Question 4

Pagett - LC cases

Answer 4

used girlfriend as a human shield during a police shooting - killing the girl
G of murder - he was more than a minimal cause, he accelerated her death and was morally responsible

Question 5

Marchant and Muntz

Answer 5

hay grabbing machine stabbed speeding motorcyclist

NG of murder as he wasn’t morally responsible

Question 6

Kimsey

Answer 6

COA confirmed the more than minimal test

Question 7

Adams

Answer 7

COA confirmed the acceleration test

Question 8

Eggshell condition

Answer 8

physical weakness - taken as found when D commits the unlawful crime

Question 9

Blaue

Answer 9

jehovahs witness stabbed - religion didn’t allow for blood transfusions
considered an eggshell condition - CNB taken as found

Question 10

Hayward

Answer 10

threatened wife which triggered her overactive thyroid which killed her
CNB taken as found

Question 11

Roberts

Answer 11

Escape of the victim case - car lift for girl with attmepted assault - she jumped and injured herself
CNB - not GN but reasonable and forseeable
created the daftness test

Question 12

Williams and Davis

Answer 12

car lift with threatening of a knife for robbery - V jumped and died
CNB - V’s actions were reasonable and forseeable

Question 13

Corbett and Marjoram

Answer 13

COA - applied the daftness test

Question 14

Wall - very old case

Answer 14

whipped so drank whiskey as a pain relive - died of heart attack
CNB - not GN reasonable in the circumstances

Question 15

Dear

Answer 15

father stabbed the suspect of daughters murder - V reopened the wound
CNB - as D significantly contributed to the death - s+o

Question 16

Holland

Answer 16

cut finger developed gangrene - refused treatment

CNB - reasonable not to get it amputated

Question 17

Smith

Answer 17

V was a soldier who was stabbed by D, medics dropped him twice
CNB - 3rd party not GN - stabber the S+O cause

Question 18

Cheshire

Answer 18

V was shot, tracheotomy tube became blocked

CNB - 3rd party not GN - D significantly contributed

Question 19

Mellor , Warburton and Hubbersty

Answer 19

COA confirmed Cheshire test that D is liable not doctors

Question 20

Jordan

Answer 20

V stabbed, gave 3x antibiotic knowing he was allergic

CB - palpably wrong and grossly negligence

Question 21

Malcherek

Answer 21

stabbed his wife several times

CNB - life support machines switched off - allowing patient to die naturally

Question 22

Steel

Answer 22

attacked stranger with a rock

CNB - life support machine switched off enabled patient to die naturally