'but for' Dalloway not holding the reigns would the boy have died?
1 of 16
The Thin-skull rule was established in which case? What is it?
Hayward, taking the victim as you find them.
2 of 16
Blaue also used the thin skull-rule, explain.
Young woman Jehovahs witness stabbed, refused blood transfusion. D was convicted of murder.
3 of 16
What has to be proven for the Legal Cause of the consequence?
That the action was a SIGNIFICANT cause of the consequence.
4 of 16
Which case did the judge tell the jury that the link must be more than 'a slight or trifling link.
Kimsey
5 of 16
What are the problems with the wording for juries?
Complex with no legal knowledge making decisions unjust
6 of 16
What do we mean by 'but for'?
Consequence occurs because of D's conduct
7 of 16
What are the three parts of Novus Actus Interveniens? (chain of causation)
-Must link D's conduct to result - Can be broken by a new intervening act, independent of D -Must be serious enough to break the chain.
8 of 16
What rarely breaks the chain of causation?
Medical treatment, unless making it independent of D's conduct and making it insignificant in causing death.
9 of 16
What act will not break the chain of causation? and case.
Turning off life support, Malcherek, held 'bizarre' that turning off could break the chain.
10 of 16
Which 2 cases are factual and use the 'but for test'? and what was held?
White (poison in mothers drink) not liable for murder as mother did not die 'but for'. Roberts (female hitchhiker jumped out of car) 'but for cause of injures
11 of 16
How does self neglect affect novus actus interveniens? (case)
Dear, V did not get treatment and possibly made injury worse. He died from blood loss
12 of 16
Does causation work? (4)
Simple, effective, justifiable as a natural basis for liability, personal responsibility.
13 of 16
Improvement needed?
goes to original factor which may be unjust, hard to prove, 'thin-skull' is it fair if something is invisible,
14 of 16
Why is Jordan (1956) of importance?
Actions of doctor was interning act. Original D was not guilty of murder.
15 of 16
What is the significance of Kennedy (2007)?
Victims own diliberate act, D's manslaughter conviction quashed based on V's free will to inject heroin.
16 of 16
Other cards in this set
Card 2
Front
The Thin-skull rule was established in which case? What is it?
Back
Hayward, taking the victim as you find them.
Card 3
Front
Blaue also used the thin skull-rule, explain.
Back
Card 4
Front
What has to be proven for the Legal Cause of the consequence?
Back
Card 5
Front
Which case did the judge tell the jury that the link must be more than 'a slight or trifling link.
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