Flashcards
Criminal Law - Causation
Cards in this deck (12)
- 1KEY CASESThe key cases for causation;
- 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.
- 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
- 4Kennedy (2007)Drugs supply cases: a voluntary act of self-injection will break the chain of causation
- 5Malcherek & Steel 1981Medical intervention does not break the chain where the original wounds are substantial and operating
- 6Jordan 1956Medical neglect which is independent and palpanly wron will break the chain
- 7Chesire 1991Medical neglect does not break the chain where the original wounds are significant
- 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. - 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 - 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 - 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. - 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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