Explain what is meant by causation

Question 1

What must a prosecution prove about a consequence

Answer 1

The defendants conduct was the factual cause of the consequence, the defendants conduct was in law the cause and that there was no intervening act

Question 2

What is the only way for a defendant to be guilty

Answer 2

If the consequence would not have happened but for the defendants action

Question 3

What happened in R v Pagett

Answer 3

Defendant used pregnant girlfriend as a shield while shooting an armed policeman, the policeman shot the girlfriend and was killed. Defendant was convicted of manslaughter as it wouldn’t have happened “but for” the defendant using her as a shield

Question 4

What is the thin skull rule

Answer 4

The defendant must take the victim as they find them

Question 5

How does the thin skull rule make a defendant liable

Answer 5

If the victim has something unusual about their physical or mental state that makes them subject to serious injury

Question 6

What is the link between the act and consequence called

Answer 6

Chain of causation

Question 7

What is the key test for legal causation

Answer 7

The defendants act must be an operative and substantial cause of the consequence

Question 8

How can the chain of causation be broken

Answer 8

An act of a third party, the victims own act or a natural but unpredictable event

Question 9

What is an intervening act

Answer 9

Something else that happens after the defendants act or omission that breaks the chain of causation