Fe1 Law Causation

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  • Causation
    • not enough to prove conduct- Have to show a particular result
      • Distinguish Factual (but-for) causation with legal causation
        • Legal Causation - unbroken Chain , no novus actus interveniens
    • Medical Intervention
      • R V Jordan (1956)
      • R V Smith (1959)
        • Solidier stabbed a nother soldier. Taken to medical centre but dropped on the way and negliegent care Parker Lj - Still Murder - original wound was an operating and substantial cause
      • R V Cheshire ( 1991)
        • Victim shot but life saving operation negligently carried out - Argued that it broke chain of causation - CofA rejected - only breaks the chain if so potent that it renders the original fact insignificant - the standard medical intervention is therefore gross negligence
    • Non medical Intervention
      • People V McGrath (1960)
        • Priest moved a wounded man into the car and to hospital - Caused internal bleeding that killed him-Maguire CJ- formed a normal link in the chain of causation, Accused still guilty
      • Impress Ltd V Rees ( 1971)
        • Trespasser opened the valve on an oil tank & it leaked into a nearby river - Caused pollution - The act of the trespasser constituted novus actus interveniens - Broke the chain of causation
      • Enviromental Agency V Empress Car Company (1998)
        • Rejected Rees - must ask if ordinary or extraordinary intervention - must be latter to break the chain - conduct of trespasser was not extraordinary as no security fence or personnel guarding the premises - If ordinary occurrence then no break in chain even if foreseeable as happening to that defendant
      • R V Pagett (1983)
        • He kidnapped pregnant ex GF - Pursued by police - & they returned fire - killing a human shield - He claimed that he had not caused the death - it was the police bullet. Rejected on 3 grounds 1. police acting involuntarily in returning fire - doesn't break the chain 2. They were acting in self defense - doesn't break the chain  (so long as reasonable force used) 3. Acting in the execution of legal duty - doesn't break the chain  (so long as reasonable force used)
      • R V Hallett (1969)
        • Knocked out assailant on the beech - he was then drowned by the tied - chain broken?  Bray CJ - distinguished events occurring in the ordinary course of nature ( act of Nature) & events occurring in the extraordinary course of nature ( acts of God) - must be the latter to break the chain
    • Egg-Shell Skull Rule
      • R V Blaue (1975)
    • Other Conduct of the victim
      • People ( AG) Vs Gallagher (1972)
        • The victims negligence will not matter if you can still prove that the accused conduct was one of the causes that contributed in a real way to the death of the victim
      • R V Kennedy
        • Similar facts to Gemma Evans case except he had contacted an ambulance - Held that the self administration of the heroin had broken the chain of causation

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