causation Flashcards
what is the factual cause
-but for test
but for Ds act/ommission the result wouldn’t of occurred
pagett
D used his pregnant ex-gf as a human shield, police shot at her killing her
GUILTY OF MURDER
POL- but for D using her as a human shield D wouldn’t of died
white
poisoned his moms drink, she died of a heart attack that she would’ve already had
NOT GUILTY
POL- but for Ds actions V would of still died
what’s the legal cause
the consequence must also be Ds fault
- act/ omission must be the operating and substantial cause of the consequence
what’s the operating cause and a case
D must make significant contribution to injury
-dollaway
what’s the substantial cause and a case
D need not be the sole cause but more than minimal/ trifling
kimsey
dolloway
girl stepped into road infront of horse and carriage, D wasn’t holding reigns properly and filled girl
NOT GUILTY
POL- D wasn’t the operating cause the girl stepped into the road
kimsey
D was racing with his friends, D friend overtook him at a bad time they crashed causing death
GUILTY
POL- was substantial cause, more than trifling link between death and Ds actions
what test is used if there are multiple causes
the test of reasonable forgeability to decide if D is a significant cause
what is the thin skull rule and a case
D must take their V as they find them
blaue
blaue
d was stabbed and needed bloodtransfusion, couldn’t as was a jahovahs witness
D WAS GUILTY
POL- think skull rule applies D must take V as find them regardless of additional conditions
what may break the chain of causation (3)
1- 3rd party act
2-victims own act
3- a natural/ unpredictable act
what must an intervening act be
so potent and significantly independent from Ds conduct and serious to break chain
what is a third party act e.g
medical treatment, unlikely to break chain unless so potent in causing death and independent of Ds acts
smith
v was stabbed, 2 soldiers carried him to medics but dropped him along the way, v died
PERSON WHO STABBED V GUILTY
POL- medical treatment was not independent to Ds actions as wouldn’t of needed treatment if not stabbed
Jordan
v was stabbed in the stomach, when almost fully healed he was given a large dose of a drug to which it was known he was allergic
CHAIN BROKEN
POL- medical treatment was so potent and serious to break chain
what is victims own act
and exception
if D causes V to react in a reasonably forceable way the injury will be considered to be caused by D
-exception- if V over reacts he may break the chain
Roberts
D tried to take V s coat off (passenger), v thought sexua advances and feared so jumped out the window when moving car
D GUILTY ALTHOUGH NOT INTEND INJURY
POL- Vs act was reasonably foreseeable and chain not broken
