Causation cases
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?- Created by: Amy Baron
- Created on: 06-05-13 12:42
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- Causation cases
- Factual causation- but for test (sine qua non)
- R v White 1910
- But for test could not be satisfied.
- R v Dalloway 1847
- But for test was satisfied
- R v White 1910
- Legal causation- operating & substantial (de minimis test)
- R v Kimsey 1996
- Substantial means more than minimal
- R v Marchunt and Munz 2004
- No legal causation
- R v Kimsey 1996
- Novus actus interveniens (new intervening act)
- Acceleration principle (v would die anyway)
- R v Cheshire 1991
- Independent and potent (med neg)
- R v Cheshire 1991
- Actions from third parties ( not directly D)
- R v Pagett 1983
- No NAI because prohibited consequence was brought about by D
- R v Pagett 1983
- Flight cases (v escapes causing themself harm
- R v Pitts 1842
- R v Roberts 1971
- V's actions were reasonably forseeable
- Daftness test
- If v's actions were not reasonably forseeable- breaks the chain of causation
- R v Malcherek 1981
- Fright cases
- R v Mackie 1973
- V acted reasonably and it was foreseeable he would fall down stairs
- R v Mackie 1973
- Medical negligence
- R v Jordan 1956
- Broke the chain of causation but has been overruled
- R v Smith 1959
- No NAI, wound was still operating & substantial cause of death
- R v Blaue 1975
- Thin skull rule (must take v as you find him)
- R v McKechnie 1992
- Application of thin skull rule
- R v Jordan 1956
- Acceleration principle (v would die anyway)
- Medical negligence
- R v Jordan 1956
- Broke the chain of causation but has been overruled
- R v Smith 1959
- No NAI, wound was still operating & substantial cause of death
- R v Blaue 1975
- Thin skull rule (must take v as you find him)
- R v McKechnie 1992
- Application of thin skull rule
- R v Jordan 1956
- Factual causation- but for test (sine qua non)
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