elements of criminal law: causation

Question 1

what is the chain of causation?

Answer 1

the direct and unbroken link between the D’s conduct and the prohibited behaviour

Question 2

what must be satisfied for the D to be the cause of the harm?

Answer 2

• factual cause
• legal cause
• no intervening acts which break the chain of causation

Question 3

explain: factual cause

Answer 3

‘but for the defendant’s conduct would the actus reus have occurred’

not factual cause: White
factual cause: Pagett

Question 4

explain: legal cause

Answer 4

the D’s act or omission is a significant contribution to the prohibited consequence or conduct

operating and substantial cause of the harm caused to the V: Smith

Question 5

what is an intervening act?

Answer 5

• something that breaks the chain of causation

Question 6

name the intervening acts

Answer 6

• medical treatment: Cheshire, Jordan
• V’s own act: Williams and Davis, Roberts
• Life support: removing life support - Bland, V has no brain stem activity - Malcherek
• suicide: Wallace
• consumption of drugs: yes - Cato, no - Kennedy No 2
• thin skull rule: Blaue