Causation/MR (Person offences) Flashcards
What 2 questions does the jury ask?
They ask about factual and legal causation
What must causation establish?
Causation must be established to show the defendants (D)’s actions caused the outcome.
What is factual cauastion?
When they ask “but for” the D’s actions would the outcome have occurred.
What was the key case for Factual causation? details of it?
White - posioned his mum, but then his mum had a heart attack. question raised was, did the poison caused the heart attack or was it just an unfortunate coincidence for white. so the court made the factual causation, but for white poisoning his mum, would she still be alive? probably.
What is legal causation?
Did D have an operative and substantial cause to the outcome. Was the D influential into the outcome of the V (KEY REMINDER - ONLY USE FOR SCENARIOS WITH MULTIPLE PPL)
What was the key case for Legal causation? details?
Smith - multiple ppl were involved in the V’s death, so did each one play a substantial an operative part in V’s death. More so than the other defendant’s involved.
(Only need if it is in the scenario)
What are intervening events?
Events that intervene/ break the chain of causation, taking liability away from the defendant
(Need on a by scenario basis)
What is an intervening event based on a third party? case that gives this?
Did a third party do something unforeseeable?
Pagett:
He shot at the police then used his girlfriend as a human shield, the police killed his girlfriend so they should be liable. They’re not as Pagett knew the police would shoot at him after he shot at them, so it wasn’t unforeseeable.
(Need based on scenario)
What is an intervening event concerning the victim? what case defined this?
Did the victim do something unreasonable?
Roberts:
Grabbing the woman, sexual style, in the passenger seat of the car, so she jumped out of the window, hurting herself.
Jumping out of the window was unreasonable, but she did it because Roberts put her in that position, so it was his fault that she hurt herself.
(Need based on scenario)
What is not an intervening event? what is the key case?
Thin Skull Rule
If the victim, because of a speacial reason, caused their own death. You take your victim how you find them, whether that’s because they have a special conditions or beliefs.
Blaue:
A Jehovah’s witness, who refused a blood transplant after being stabbed. She died and the D still liable for her death - but for teat.
(Scenario based)
What is an intervening event?
Medical care
Although, judges tend to rule in favour of doctors.
however, if you apply the legal test and they had an substantial and operative role in the v’s death, it can take liability away from D.
Key cases for the intervening event of medical treatment
Jordan:
V was allergic to a certain type of anti-biotics, one doctor noticed and took him off it, and the next doctor put him back on the same anti-biotics. V died because of it, not because of the stab wound.
Smith - stabbed, not substantial - doctors didn’t get away
Cheshire - shot, was substantial - doctors got away
What is MR supposed to show?
The defendant’s guilty mind
How many types of MR are there? name them.
- Direct intent, indirect intent, recklesness
What is direct intent?
When the outcome was what D must have been the desired outcome.
