causation and intro to defences Flashcards
what is the comptaneity rule
coincidence of AR & MR happening at the same time
example of comptaneity rule?
Fagan v MPC (1969)
what must you ensure when charging with a crime
the defendant has satisfied both the AR & MR and that the defendant was the one who caused the rest in the circumstances
what is factual causation
Requires that the D caused the outcome as a fact
But For the Test
But for the D’s actions, would the victim have been hurt?
If yes, would have happened, no liability
If no, wouldn’t have, liability for D
example of But For Test
R v White (1910)
what 3 elements come into play in legal causation?
Number of causes – many defendants who satisfy factual causation
Significant cause – multiple wounds which satisfy factual
Operating cause – handful of injuries at time of death
Pagett (1983)
“In Law, the accused’s act need not be the sole cause, or event the main cause, of the victim’s death, it being enough that his act contributed significantly to that result.”
what does “De Minimis” mean?
ignore trivialities
test for inclusion
from Kimsey (1996) and Hughes (2013) in which the causes must be more than slight, trifling, minimal
breaking the chain
The chain can be broken and if it is, by a recognised event, then the liability can shift from the defendant to another party
It must be an entirely unforeseeable event
victims intervening acts
The victim themselves can be the intervening act – by doing something unforeseeable, it will then absolve the D of their liability
Self-injection of drugs, over reaction, neglecting injury
medical intervention or negligence
Extreme or gross medical negligence can break the chain of causation
Was the medical care “independent’ and ‘extraordinary’ to warrant breaking the chain?
what is transferred malice create for?
when people get in the way of defendant effectively
where does transferred malice apply?
where the crime committed was the same as the crime intended
