HideShow resource information
View mindmap
  • Causation
    • demonstrated in pagett
    • principles of causation
      • factual
        • but for test as demonstrated in white
      • legal
        • associated with moral responsibility/ can if fairly be the fault of d
          • dollaway, marchant and muntz
    • acceleration principle
      • shortening of life by seconds, minutes etc still murder
        • Adams
    • contributory causes
      • ds actions needn't be sole or main cause of death but is sufficient is a cause
        • actions of 3rd parties
          • pagett
          • medical treatment
            • reluctant to shift blame onto medical professionals as they don't set out to cause death
              • if negligent medical treatment and lead to ds death is d responsable = generally yes
                • smith
                  • if original wound is still an operating and substantial cause
              • exception of Jordan
                • were medical treatment is deemed to be palpably wronge
            • cheshire
              • cofa deemed would only be the most extraordinary and unusual cases that medical treatment would break the chain of causation
              • mellor confirmed
                • warburton and hubbersty confirmed
            • life support machines
              • doctors won't be held accountable for death if turn of life machine
                • malcharek and steel
        • actions of the victim
          • daftness test
            • if d does something so daft or unexpected that no reasonable person could be expected to foresee then chain of causation could be broken
              • Roberts
              • williams and davies
              • corbett
              • majoram
          • self neglect
            • chain of cause not broken
              • holland and dear
          • voluntary acts
            • kennedy
    • thin skull rule/ take your victim as you find them
      • in hayward it was held if a v has a physical weakness the d cant escape liability because a healthy person wouldnt have died
        • e.g religious of belief in blaue


No comments have yet been made

Similar Law resources:

See all Law resources »See all Criminal law resources »