The Analysis Of Case Studies Flashcards
What is a factual causation
A white but for test
What is legal causation
Is where the defendants conduct or omission caused the harm or damage / was it Blameworthy
What case can be used for factual causation
R v white (defendant poisoned mothers milk to kill her but she died of old age)
Legal causation requires the harm must be culpable, what case study can you use
Defendant failed to hold onto horse reins where the cart killed the child (culpable act)
R v Dalloway
Defendant misread timetable and ordered work to be done when train is due , liability arose when his case more than minimal
What is strict liability offence
A defendant committed an offence regardless of the intention
Give 2 examples of strict liability offence or more
Rape
Possession crimes (fraud etc)
Speeding
Drink driving
What do you understand from R v Williams
Defendant killed a victim although he drove normal speed limit and carefully he didn’t have a driving license or insurance
What case law can you use for when defendant commited a crime part of the group
R v Benge is the train driver who misread the timetable although his foreman’s were negligent he was found guilty
What can break the chain of causation
A novus actus interveniens
A new intervening act
What is significant of R v Pagget (3rd party does not break the chain of causation unless foreseeable
An act of a third party will break the chain of causation if it’s not foreseeable
Police officers shot a girl who was used as a human shield , police acted in self defence
R v Roberts and victim ( although the victim did the action it did not break the chain of causation)
The case of r v Robert is the victim jumping out the car and getting ABH , his appeal was dismissed as it did not break the chain of causation
Medical intervention of R v Jordan
R v Jordan was the victim that got stabbed and died from hospital intervention rather than stab wounds the defendant was not liable for death
R v smith (chain of causation not breaking)
Defendant stabbed his comrade who died from hospital intervention the court ruled that he is still liable as the stab wound was the operating cause
Defendant action made a significant contribution to death
( R v Cheshire)
Defendant shot the victim the doctors were medically negligent but that didn’t not absolve the accuse
Why is R v Blaue important
Defendant stabbed victim 4x after refusing to have sex, the victim was a Jehovah’s Witness who refused a blood transfusion which was life saving the conviction was he was still liable for the cause of death (wound operation)
