Causation

Georgia Cook
Quiz by Georgia Cook, updated more than 1 year ago
Georgia Cook
Created by Georgia Cook over 7 years ago
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Causation Quiz

Resource summary

Question 1

Question
What is - "It must be proved that there is a clear and unbroken link between the defendant's actions and the unlawful event"
Answer
  • Chain Of Causation
  • Factual Causation

Question 2

Question
Name the two types of Causation the prosecution must use to prove Causation
Answer
  • Intervening Act and Thin Skull Rule
  • Factual and Legal Causation
  • Small Contribution

Question 3

Question
What is Factual Causation?
Answer
  • Factual Causation must be proved using the "but for" rule, it must be proved that the unlawful event would not have happened "but for" the defendants actions, (R v White.)
  • Factual Causation has to be proved that the defendants actions were an operative and substantial and significant cause of the unlawful event.

Question 4

Question
What is Legal Causation?
Answer
  • Legal Causation is the prosecutions final decision on the chain of causation
  • Legal Causation additionally has to be proved. This means that the defendants involvement must have been more than minimal. The courts have used two different terms to explain this. The defendant must be the "operative and substantial cause" of the unlawful result (R v Smith) and a "significant contribution " to it (R v Cheshire.)

Question 5

Question
What is an Intervening Act
Answer
  • An intervening act can be of 4 types A) An act of a third party B) Medical Intervention C) The Victims own act D) A natural but unpredictable event With an intervening act there is no legal cause , the intervening act must be serious and sufficiently separate from the defendants actions.
  • A bird

Question 6

Question
What does medical treatment need to be to break the chain of causation?
Answer
  • Palpably Wrong
  • Palpably Minor

Question 7

Question
What is the Thin Skull rule?
Answer
  • The Thin Skull Rule - "TAKE YOUR VICTIM AS YOU FIND THEM" If the victim has a special physical or mental characteristic which makes an injury more serious, then the defendant is liable for the more serious injury
  • People will Thin Skulls are more likely to be seen as guilty
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