Flashcards
Causation
Cards in this deck (13)
- 1Pagett (1983)‘But for’ D’s actions the V would not have died – convicted of manslaughter.
- 2White (1910)‘But for’ D’s actions the mother would’ve died anyway so D is only guilty of attempted murder
- 3Kimsey (1996)J directed jury that D’s driving did not have to be ‘the principal, or a substantial cause of the death as long as you are sure that it was a cause and that there is something more than a slight or trifling link’
CA upheld conviction for death by dangerous driving - 4Blaue (1975)V’s religious beliefs made the wound fatal but D was still guilty of causing her death as he had to take his V as he found her
- 5Smith (1959)D liable if the injuries caused are still operating and substantial
- 6Cheshire (1991)Medical treatment would only break the chain of causation if it is ‘so independent’ of D’s acts and ‘in itself so potent in causing death’.
- 7Jordan (1956)The medical treatment here was palpably wrong resulting in a break in the chain of causation.
- 8Malcherek (1981)Turning off a life support does not break the chain of causation.
- 9Roberts (1971)The reaction was foreseeable and proportionate so D was found to be liable for V’s injuries
- 10Marjoram (2000)Reasonably foreseeable that V would fear the threat of violence and attempt to use the only escape route, which was the window.
- 11Williams (1995)V’s actions were not foreseeable and proportionate to the threat and so D was not liable for his death as the chain had been broken.
- 12Holland (1841)D held to be liable as surgery was primitive and V greatly feared the procedure and consequence
- 13Dear (1996)CA held that provided the wounds were an operating and significant cause, the jury was entitled to convict D. Even if V had effectively decided to commit suicide by allowing the wounds to continue to bleed, the wounds were still the cause of death.
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- G153 Flashcards on Causation, created by krish_14 on 01/12/2013.
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- krish_14 · Dec 2013
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- Feb 19, 2016
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