Causation Flashcards
What is causation?
Connection between D’s conduct and consequence
What is the test for factual causation?
The but for test
What is the but for test?
Would the consequence have happened but for D’s conduct (White)
What is the test for legal causation?
The de minimis principle
What is the de minimis principle?
D need not be the sole or main cause but must make more than a slight or trifling connection (Kimsey).
If D is the only chase he makes a significant contribution- more than a minimal contribution (Cheshire)
What are the three intervening acts?
- Acts of victim
- 3rd Party
- Natural Event
When does acts of a victim apply?
When the V does something daft or unexpected (Roberts)
Within range of responses then unlikely to break chain of causation especially in fight or flight situations- (Williams v Davies)
Self neglect or making injuries worse doesn’t break the chain of causation (Dear; Holland)
What type of crime requires causation?
What does this mean?
A result crime
The prosecution must prove that D’s conduct was the cause of the unlawful consequence
What can intervening acts do?
Break the chain of causation
What are the acts of a third party?
What is the main case?
Unlikely to break chain unless ‘thoroughly bad’ as long as original injury is still causing consequences so that it renders D’s contribution insignificant (Cheshire).
In Jordon ‘palpably wrong’ treatment did break chain as D’s contribution was just merely part of the history of events so no longer operating
Medical negligence rarely breaks chain as they are acting to help V
What is a natural event?
E.g a flash flood
Only break chain if unforeseeable
What is the thin skull rule?
If V has a pre-existing vulnerability making them more susceptible to harm, D will be responsible for full extent of the harm as “D must take victim as he finds them”
Includes the “whole man not just the physical man” so can include psychological vulnerability and religious beliefs (Blaue)
