caustion

Question 1

r v white

Answer 1

son puts potassium cyanide in mums drink.
she dies of a heart attack
but for him poisoning her she still would’ve died (factual causation not present)

Question 2

what is the case/cases for factual causation

Answer 2

r v white

Question 3

what are the 2 types of causation

Answer 3

factual and legal

Question 4

r v smith

Answer 4

d stabs p w bayonet. carried to mo and dropped twice. mo is very busy with cases and doesn’t realise the mound pierced a lung and caused a haemorrhage. p died.
court held that the original wound was as an operating and substantial cause of death.

Question 5

r v cheshire

Answer 5

d shot victim in leg. he died in hospital from complications cause by a tracheostomy. convinced of murder as court said negligent medical treatment can only break the chain of causation if it was so independent of d’s acts and made such a powerful cause of death that the contribution made by d was insignificant

Question 6

r v pagett

Answer 6

d attempting to escape being captured by armed police, used his gf as a human shield. fired at police who fired back killing gf. court held the police firing back was reasonably foreseeable so he was liable

Question 7

what are 3 things you can use to prove legal causation

Answer 7

injury was an operative cause of death
intervening act was reasonable foreseeable
thin skull test

Question 8

r v corbett

Answer 8

disabled man had been drinking all day w d. d started to hit v who ran away. v fell in a gutter and was struck and killed by a car. d held liable for the death as it was in the range of foreseeable behaviour.
victims conduct will break the chain of causation if it was so daft as to be unforeseeable

Question 9

r v muhammad

Answer 9

d racing on the motorway over 100mph. his tire blew out, lost control of the car killing his 3 year old son and injuring wife and daughter. court held the tire blowing out didn’t break the chain of causation as it was 16 years old.

Question 10

r v blaue

Answer 10

victim of a stabbing was a jehovah’s witness. refused to accept a blood transfusion and died. court of appeal rejected the idea that the transfusion broke the chain of causation. have to take the victim as he found her

Question 11

point of law for r v blau

Answer 11

you must take your victim as you find them

Question 12

point of law for r v corbett

Answer 12

the victims conduct will break the chain of causation if it was so daft as to be unforeseeable

Question 13

point of law for r v pagett

Answer 13

if the intervening act was reasonably foreseeable then d will still be liable

Question 14

point of law for r v cheshire

Answer 14

negligent medical treatment can only break the chain of causation if it was so independent of ds acts and such a powerful cause of death that the contribution made by d was insignificant

Question 15

point of law for r v smith

Answer 15

to remove a defendants liability the medical treatment must have killed quite independently of the wound and be grossly negligent

Question 16

point of law for r v white

Answer 16

ds conduct must have been more than a minimal cause of the victims death.
but for ds act would v still have died