Causation Flashcards
(19 cards)
Bone v HMA
Accused in abusive relationship. Duty to take reasonable steps in circumstances fulfilled.
R v Instan
Held that assumed responsibility of care had not been fulfilled. There was an offence for failing to fulfil.
McCue v Currie
Culpable and reckless fireraising conviction quashed as fire raising had been accidental
R v Pitwood
Failure to fulfil contractual duties led to manslaughter conviction
Hendry v HMA
“But for” test - factual causation. Accused was convicted of culpable homicide, actions were important to death. Heart attack
R v Blaue
Refusal of medical treatment does not break chain of causation. Must take victim as you find them.
R v Roberts
Girl jumped from moving car. Intervening acts of victim will only break chain of causation if unreasonable/unforseeable. No break in chain here.
McDonald v HMA
Flat escape. Victims actions were forseeable. Accused liable for causing death.
R v Jordan
Novus actus intervenieus. Negligent medical treatment represented break in chain of causation here. Wound had ceased to be operative cause.
R v Paggett
Negligent medical treatment did not break chain in causation. Stab wounds were still a contributing factor to death.
Roberts v Hamilton
Murder conviction upheld as mens rea transferred to second person.
Palazzo v Copeland
Motive was irrelevant and man had committed breach of peace by trying to prevent one. Firing gun caused fear and alarm
Allan v Patterson
Defined recklessness for purposes of reckless driving offence. Below standard of careful and competent driver.
Quinn v Cunningham
Mens rea of crime includes an intention to commit a wrong or utter disregard of consequences. Showing indifference to consequences.
Smith v Donnelly
Breach of peace definition was accepted as compatible with ECHR. Post case the definition was reformulated:
- conduct severe enough to cause alarm to ordinary people
- threaten disturbance to community
Hatcher v Hamilton
Swearing in a home was not deemed to be a breach of peace. Public element was not satisfied.
Bowes v McGowan
Conversation relating to passenger’s sex life was deemed to be breach of peace. Publically licensed taxi on public roads.
Harris v HMA
Public element of breach of the peace - does not require conduct to occur in public. Must either be detectable by members of public or realistically capable of being discovered.
Borwick v Urquhart
No breach of the peace for filming as only the other party guests could be disturbed by it. There was however culpable and reckless conduct in supply of alcohol - Khaliq.
