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Flashcards in Causation Deck (11):

Factual Causation

R v White [1910] but for teset


Legal Causation

R v Benge [1959] D's contribution must be more than de minimis but need not be the sole cause of the resulting harm.


Multiple cause

No requirement that D's conduct besufficent to cause AR by itslef- Warburton [2006]


Intervening causes

Natural events: Causation attributed to D unless event was unforeseeable. Hart [1986]- D assaulted V and left her below high water mark.


Exceptions to rule of unforceable events breaking causal chain

-pre-existing conditions: Blaue [1975] "take victim as they find them"
- Intended effects: If result of coincidental unforseeable route involving natural events was inteded by D then D is guilty. Demirarian [1989]


Human Beings

to break causal chain must be

-Free deliberate & Informed Interventions - Pagett [1983] also Kennedy (No.2) [2007]


Forseeable and culpable interventions

->Jordan [1956]- Only "Palpably"bad medical treatment can break causal link
-> Smith [1959]- Where org wound still Op and significant cause of death. Death still attributed to D.
-> Cheshire [1991]- D's act does not need to be sole or main cause. Omission cannot constitute nocus actus itnervvines (s&s)


Innocent Agent Doctrine

D knowingly use Tas his aget to bring about prohibited result. Micheal [1840]- Mother used young child to adminsiter poision to infant.


The victim

Rule, V''s act doesn't negative causation if:
->V's conduct is in reaction to D'swrongdoing;
-> V's reaction was reasonably foreseable possibility
Roberts [1971]



Can be said to have caused consequence if:

-> He has a duty to prevent thes consequences for occuring
->If his intervention would have made a dfference. (Prosec must show beyond reasonable doubt)
Dalloway [1847]


Omissions cannot be novus actus interveniens

-> While omissions may be the legal cuase of that harm, but it is normally a concurrent cause.
->The precise reason ommision are punished is because they fail to break the chain of causation.