Zusammenfassung der Ressource
Frage 1
Frage
What is - "It must be proved that there is a clear and unbroken link between the defendant's actions and the unlawful event"
Antworten
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Chain Of Causation
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Factual Causation
Frage 2
Frage
Name the two types of Causation the prosecution must use to prove Causation
Frage 3
Frage
What is Factual Causation?
Antworten
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Factual Causation must be proved using the "but for" rule, it must be proved that the unlawful event would not have happened "but for" the defendants actions, (R v White.)
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Factual Causation has to be proved that the defendants actions were an operative and substantial and significant cause of the unlawful event.
Frage 4
Frage
What is Legal Causation?
Antworten
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Legal Causation is the prosecutions final decision on the chain of causation
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Legal Causation additionally has to be proved. This means that the defendants involvement must have been more than minimal. The courts have used two different terms to explain this. The defendant must be the "operative and substantial cause" of the unlawful result (R v Smith) and a "significant contribution " to it (R v Cheshire.)
Frage 5
Frage
What is an Intervening Act
Frage 6
Frage
What does medical treatment need to be to break the chain of causation?
Antworten
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Palpably Wrong
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Palpably Minor
Frage 7
Frage
What is the Thin Skull rule?
Antworten
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The Thin Skull Rule - "TAKE YOUR VICTIM AS YOU FIND THEM"
If the victim has a special physical or mental characteristic which makes an injury more serious, then the defendant is liable for the more serious injury
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People will Thin Skulls are more likely to be seen as guilty