Causation

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