Cases for causation

Description

Cases for causation covering: - factual - legal - the 'thin skull rule' - medical negligence - religion - victim's own contribution
Amy Platt
Flashcards by Amy Platt, updated more than 1 year ago
Amy Platt
Created by Amy Platt over 8 years ago
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Resource summary

Question Answer
R v Pagett (factual) Page opened fire at police officers who returned fire. Page use his pregnant girlfriend as a human shield where she died. 'But for Pagett not using his girlfriend as a human shield would she have died? No. Therefore he is the sinquanon or factual cause. He is also the legal cause too
R v White (factual) The defendant gave his mum poison, however she died of a natural heart attack before the poison had even set in. 'But for' White giving his mother poison would she have died? Yes. Therefore he is not this sinquanon or factual cause, nor is he the legal.
R v Smith (legal) The defendant, a soldier, was in a fight with another soldier within his barracks and he stabbed the victim. the V was taken to see the medics where he was dropped twice on the route. When he got to the medics the doctors didn't know the extent of the V's injuries and the victim died. The defendant was the sinquanon and legal cause of death, despite medical negligence
R v Hayward (thin skull rule) A husband and wife were arguing when the husband decided to chase his wife outside. She had an unknown thyroid condition which lead to her having a heart attack due to the stress the argument had on her. The husband, despite not intending to kill her, was the factual and legal cause. 'He had to take the victim as he finds them'
R v Blaue (religion) The defendant stabs the victim and the V is taken to hospital where she is to undergo a blood transfusion. However, because of her religion the victim refuses to undergo the procedure and she dies. The defendant is still the factual and legal cause of her death and is guilty of murder
R v Jordan (medical negligence) The V gets stabbed by the D in which he goes to hospital where his wounds recover. He needed antibiotics, the doctor gives him it and discovers that the V is allergic to antibiotics. Further down the line, a junior doctor didn't look at his notes and gave the V antibiotics which resulted into V's death. The doctor was palpably wrong and was the factual and legal cause of death.
R v Cheshire (medical negligence) The D shot a man in the thigh, the man was taken to hospital where he was operated on and he later had breathing difficulties. His wounds were healing and no longer life threatening, yet he still had breathing problems which resulted in complications from the trecheotomy. He died. The death was not reasonably foreseeable therefore the doctor was not guilty of an criminal offence
R v Williams (victim's own contribution) The victim, a hitchhiker, got into the D's car. The victim believes that the D is going take his wallet so he jumps out of the moving car and instantly dies. The V did not act reasonably foreseeable therefore the D was not guilty.
R v Roberts (victim's contribution) The V gets into the D's car where he decides to take her home going in the opposite direction. He begins flirting with her and starts touching her leg. The V feared that she was going to be raped so she jumped out of the car, injuring herself badly. Her actions were reasonably foreseeable and so the defendant was the factual and legal cause.
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