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Flashcards in Causation Deck (11):
1

Factual Causation

R v White [1910] but for teset

2

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.

3

Multiple cause

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

4

Intervening causes

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

5

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]

6

Human Beings

to break causal chain must be

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

7

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)

8

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.

9

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]

10

Omission

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]

11

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.