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Flashcards

AR and Causation

catriona.lilley Law Undergraduate English 22 cards

Cards in this deck (22)

  1. 1R v Le Bruncontinuing act causation (transaction principle) can apply even if the later acts were accidental and there was no premeditation
  2. 2R v SmithOperating and substantial cause of death test applied, even if another cause is also operating
  3. 3Empress Cars3rd party actions are not an intervening act if they are 'normal' but do break the chain of causation if they are 'abnormal or exceptional'
  4. 4R v LoweOmmissions may, but will not always, establish manslaughter
  5. 5R v HenniganConfirms the 'sunstantial cause' test
  6. 6R v JordanMedical negligence that is "palpably wrong" can be novus actus interveniens
  7. 7R v Malcherek and SteelDeath is brain stem death, so Drs do not commit an intervening act when the turn off life support
  8. 8R v Thabo MeliContinuing Act principle can be used to establish coincidence of AR and MR
  9. 9R v SimmondsMedical evidence can establish causal link
  10. 10Fagancontinuing act can establish AR and MR coincidence
  11. 11Rungzabe Khan and Tahir KhanAn ommission can only amount to manslaughter if there is a duty of care
  12. 12EvansA supplier of drugs can be guilty of gross negligence manslaughter if they "fail to counteract" the situation they created
  13. 13R v ChurchUnlawful act manslaughter requires a risk of danger.
    Continuing acts can be the AR
  14. 14R v PittwoodContractual duty can provide ommissions liability
  15. 15R v DownesNeglect (even if based on religious belief) may amount to gross negligence manslaughter
  16. 16DPP v Santana BermudezAn ommission which creates a dangerous situation can amount to assault
  17. 17R v DearBut for test applied. Even if a victim aggravates wounds that may not cause death, the chain is not broken
  18. 18R v MackieCausation is maintained when death results from fleeing out of a well-founded fear of unlawful act (injury)
  19. 19WhiteEstablished the 'but for' test of factual causation
  20. 20R v HaywardDeath caused by the fear of unlawful violence can be manslaughter
    Think skull principle applied
  21. 21R v RobertsThe actions of a victim are not novus actus interveniens if they could reasonably be foreseen as a consequence of D's actions. Not 'daft'
  22. 22R v GowansThe importance of the 'but for' and 'substantial and operating cause' tests in establishing causation upheld

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Undergraduate Law (Criminal Law) Flashcards on AR and Causation, created by catriona.lilley on 30/04/2013.
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catriona.lilley
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