Causation AR Flashcards
(38 cards)
When is causation relevant?
In any result crime
D’s actions must have caused consequence
Where can the rules on causation be found?
Not laid down in statute
Rules of application = developed by precedents set out by judges
What must the prosecution prove?
Factual + legal causation to show that the D has AR of crime
When is a D responsible for the V’d death?
Where his acts = both factual + legal cause of V’s death
What test proves that a D is the factual causation of a V’s death?
‘But for’ test
BUT FOR the D’s actions, would the V have died?
Yes, D = not liable
No, D = liable
What case illustrates factual causation?
White (1910)
White (1910)
Son poisoned mother with cyanide (milk)
Before poison could work, she had a heart attack + died
Ct asked ‘would she have died but for D’s actions’ - yes
D = G of attempted murder, not murder (hadn’t caused death)
What is leal causation?
Closely related to moral responsibility
D’s acts must be more than minimal COD
Asks if D is morally to blame
What case illustrate legal causation?
Merchant + Muntz (2004)
Murchant + Muntz (2004)
Motorcyclist implied himself on grab attached to tractor
V = driving 80mph around blind corner
Held Ds = not morally responsible
Even if grab = concealed by guard, V still would’ve died
What does the law insist on when deciding if a D is legally responsible for the death of a V?
D’s actions = an operative + substantial cause of the forbidden consequence
- elastic term, causes problems, judges interpret it differently
What is causation?
Type of AR that needs to be proven to ensure that D ‘caused’ crime to occur
What is the ‘Thin Skull Rule’?
D must take his V as he finds him
Irrespective of any underlying physical/ mental condition
Name the 2 cases that illustrate the ‘Thin Skull Rule’
- Hayward (1908)
2. Blaue (1975)
What is the latin phrase for a break in the chain of causation?
Nouvus actus interveniens
What are the 4 ways that an break in the chain of causation can happen?
- Intervening act of a 3rd party (medical neg)
- Actions of the V
- V self neglect
- Actions of a 3rd party
Can medical negligence break the chain of causation?
Yes
Illustrated in Jordan (1956)
BUT extraordinary case
Cts reluctant to follow again as it = absolve D from responsibility
Jordan (1956)
Wound V had been admitted to hospital with = almost healed
Hospital administered incorrect medical treatment
V died
Ct: treatment = ‘palpably wrong’ + intervening act = broken chain of causation
D’s conviction = quashed
What does the case of Jordan (1956) show?
Unique case
Only extraordinary cases will break the chain
Cts = reluctant to absolve D from responsibility
Name 2 cases where medical negligence has not broken the chain of causation
- Smith (1959)
2. Cheshire (1991)
Does turning off a life support machine break the chain of causation?
No
Malcherek + Steel (1981)
Malcherek + Steel (1981)
2 separate cases, heard together M, stabbed wife 9 times S, attacked random woman in Bradford Both V = on life support machines, turned off Murder convictions = upheld
Hayward (1908)
D chased wife into street
Kicked her
Died from injury
Discovered = suffering from persistent thyrus gland condition
Meant could die from experiencing strong emotion
D = G causing death
Blaue (1975)
D attacked 18yr girl with knife Wound pierced lung Told she needed blood transfusion Girl refused = Jehovah Witness + died Ct: wouldn't have died but for Ds stab wound D = G of causing death
