Actus Reus - Causation Part 1
Part1 of a mind map of everything to do with the causation side of Actus Reus.
- Created by: Domingo
- Created on: 04-04-13 16:47
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- Actus Reus - Causation
- Factual Causation
- Did it cause harm as a matter of fact?
- Best?
- "But for..."
- But for the defendant's criminal act or omission would the victim have suffered harm?
- "But for..."
- E.G. - No factual causation
- White (1910)
- Son poisoned mother but she died of a heart attack before poison killed her.
- White (1910)
- E.G. - Factual causation established
- Pagett (1983)
- Man used his girlfriend as a human shield and she was kiilled by the police.
- Pagett (1983)
- Link between the defendant's act and the criminal consequence
- 2 Types
- Factual causation
- Legal causation
- Both have to be proved for there to be criminal lioability
- Factual causation
- Both have to be proved for there to be criminal lioability
- 2 Types
- Legal Causation
- 2 Elements
- A) Test: Was the defendant's conduct more than the "minimal" cause?
- Does NOT need to be the only cause of the consequence
- B) Did any other event occur to break the chain of causation?
- 3 Main Types of Intervening Acts
- Actions of the victim:
- Victim tries to escape/get away from "D" & whilst doing this causes more harm to themselves.
- Roberts
- Assault victim jumped from a speeding car to get away from "D" . Reaction reasonable & not "daft" therefore chain of causation NOT broken
- Williams
- Allegedly tried to rob the hitch-hiker victim jumped out of car and died. Not considered a reasonable response to situation so victim's action DID break the chain of causation
- Roberts
- Victim tries to escape/get away from "D" & whilst doing this causes more harm to themselves.
- Actions of a third party
- Victim's death caused directly by a third party.
- Other people as well as "D" are involved with the death/injury of victim.
- Medical treatment not adequate.
- Medical treatment - Victim refuses treatment.
- Natural but intervening act.
- Actions of the victim:
- 3 Main Types of Intervening Acts
- A) Test: Was the defendant's conduct more than the "minimal" cause?
- 2 Elements
- Factual Causation
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