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Mind map

Causation

elissamansley CRIMINAL LAW English 3.0Average rating 3.0 out of 5 (1 rating)

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Causation

  1. The link between D's act or omission and the criminal outcome

  2. Must be proved in result or consequence crimes (murder)

  3. FACTUAL CAUSATION

    • Proved through the 'but for' test which states that D will only be guilty if the outcome would not have happened but for his actions
      • R V WHITE
        • Where D attempted to poison his mother but she died of a heart attack instead
  4. LEGAL CAUSATION

    • Considers whether or not there is a break in the chain of causation
      • Sometimes the chain can be broken by an intervening factor
    • The basic rule is that there is no break if D's act was an OPERATING AND SUBSTANTIAL cause of the outcome
      • R V SMITH
    • Other tests to see if the chain has been broken:
      • Whether D's act or omission CONTRIBUTED SIGNIFICANTLY to the outcome
        • R V CHESHIRE
      • A third party or natural event, as long as it was NOT REASONABLY FORESEEABLE
        • R V PAGETT
      • The victim's own act, but only if the act was SO DAFT AND UNEXPECTED NO REASONABLE PERSON COULD FORESEE IT
        • R V CORBETT
      • THE THIN SKULL RULE where D must take his victim with all peculiarities as he finds him
        • R V BLAUE
      • MEDICAL NEGLIGENCE will break the chain where it is both SO PALPABLY WRONG and an INDEPENDENT CAUSE OF DEATH
        • R V JORDAN

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Description
CRIMINAL LAW Mind Map on Causation, created by elissamansley on 23/10/2013.
Created by
elissamansley
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Average rating 3.0 out of 5 (1 rating)

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