Causation

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G153 Flashcards on Causation, created by krish_14 on 01/12/2013.
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Flashcards by krish_14, updated more than 1 year ago
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Created by krish_14 over 10 years ago
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Question Answer
Pagett (1983) ‘But for’ D’s actions the V would not have died – convicted of manslaughter.
White (1910) ‘But for’ D’s actions the mother would’ve died anyway so D is only guilty of attempted murder
Kimsey (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
Blaue (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
Smith (1959) D liable if the injuries caused are still operating and substantial
Cheshire (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’.
Jordan (1956) The medical treatment here was palpably wrong resulting in a break in the chain of causation.
Malcherek (1981) Turning off a life support does not break the chain of causation.
Roberts (1971) The reaction was foreseeable and proportionate so D was found to be liable for V’s injuries
Marjoram (2000) Reasonably foreseeable that V would fear the threat of violence and attempt to use the only escape route, which was the window.
Williams (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.
Holland (1841) D held to be liable as surgery was primitive and V greatly feared the procedure and consequence
Dear (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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