Actus Reus - Causation Part 1

Part1 of a mind map of everything to do with the causation side of Actus Reus.

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  • 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?
      • E.G. - No factual causation
        • White (1910)
          • Son poisoned mother but she died of a heart attack before poison killed her.
      • E.G. - Factual causation established
        • Pagett (1983)
          • Man used his girlfriend as a human shield and she was kiilled by the police.
    • 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
    • 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
            • 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.

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