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Flashcards

Criminal Law - Causation

Vanja Juvet Law English 12 cards

Cards in this deck (12)

  1. 1KEY CASESThe key cases for causation;
  2. 2Pagett 1983An intervening act must be free, deliberate and informed. D´s conduct does not have to be the sole or main cause. Will only break the chain of causation if the act is free, deliberate and voluntary.
  3. 3Rafferty (2007)Assault/robbery: intervening act by drowning will break the chain of causation: where D´s act is followed by an independent and voluntary act by a third party, the chain of causation is broken
  4. 4Kennedy (2007)Drugs supply cases: a voluntary act of self-injection will break the chain of causation
  5. 5Malcherek & Steel 1981Medical intervention does not break the chain where the original wounds are substantial and operating
  6. 6Jordan 1956Medical neglect which is independent and palpanly wron will break the chain
  7. 7Chesire 1991Medical neglect does not break the chain where the original wounds are significant
  8. 8Factual causation - Would the result be the same without D´s act or omission? The 'but for' testIf it would have happened anyway, D´s conduct is not the factual cause of it.
    R v White 1910; factual causation between D´s attempted poisoning and death could not be proved. D could not be convicted of murdering his mother. he was only guilty of attempting to do so. It is not necessary to prove that D´s conduct was the only cause.
  9. 9Legal Causation - Was D´s conduct a substantial; blameworthy; and operting cause? did an intervening act break the chain?Substantial Cause:
    does not have to be the sole or main cause of the result; Pagett 1983. It must be more than:
    Slight or trifling: Kimsey 1996
    Negligible: L 2010
    Insubstantial or insignificant: Cato 1976
  10. 10Legal Causation - Was D´s conduct a substantial; blameworthy; and operting cause? did an intervening act break the chain?A blameworthy cause:
    Dolloway 1847
    Hughes 2013
  11. 11Legal Causation - Was D´s conduct a substantial; blameworthy; and operting cause? did an intervening act break the chain?An Operative Cause:
    if there is a novus actus interveniens this will break the chain, and D cannot be liable.
  12. 12Acts / Events breaking the chain of causationNatural events:
    will only break the chain if they are unforeseen by D and unforeseeable for a reasonable person. Gowans 2003
    Acts of the Victim:
    the foreseeability of V´s act. if D created a risk of harm or danger to V from which V escapes, provided the escape is reasonably foreseeable it will not break the chain.
    Robert 1971 (driving home from a party. V escape by jumping out of the car. it was held that V´s escape was the natural result of D´s conduct.)

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Law Flashcards on Criminal Law - Causation, created by Vanja Juvet on 29/04/2018.
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Vanja Juvet
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