Causation

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  • Created by: 10dhall
  • Created on: 10-06-17 21:33
What is factual causation?
'But for test' - but for the actions of the defendant would the result have occurred?
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What is a case concerning factual causation?
R v White - tried to poison his mother but she had a heart attack before it took place in her system
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What is legal causation?
Was it D's fault, requires that the harm must be from a culpable act
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Where does causation not apply?
In strict liability offences
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What is a case example of not being at fault?
R v Williams - man stepped into the road right in-front of him and could not possibly stop
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What is another case example on whether it was the D's fault or not?
R v Dalloway - in control of reins of a horse cart without holding them when when a child stepped out but was held even if he was holding the reins he would not have been able to stop
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What must there not be to have causation?
Novus actus interveniens - a break in the chain of causation
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What can a break in the chain of causation be?
An act of a third party, the act of the victim, medical intervention
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What is a case example regarding the break of a chain in causation?
R v Pagett - pregnant girl died
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Case example on medical intervention?
Re A 2000
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What is a rule on causation?
The thin skull rule - take your victim as you find them
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What is a case on the thin skull rule?
R v Hayward - chased wife out of the house shouting threats, se collapsed and died because of a thyroid condition
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What is a case concerning religion?
R v Blaue - stabbed an 18 year old girl 4 times who was a Jehova's witness and refused to get a blood transfusion
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What is another case regarding refusing to get medical treatment?
R v Holland - involved in a fight which caused him a deep cut on his finger but refused o get medical help, the victim died
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Evaluation of the law on causation?
The but for test is fair, Williams raised issues, is it right to base things on reasonable foreseeability, are the rules on medical cases fair, judges find it hard to apply, is thin skull rule fair?
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Other cards in this set

Card 2

Front

What is a case concerning factual causation?

Back

R v White - tried to poison his mother but she had a heart attack before it took place in her system

Card 3

Front

What is legal causation?

Back

Preview of the front of card 3

Card 4

Front

Where does causation not apply?

Back

Preview of the front of card 4

Card 5

Front

What is a case example of not being at fault?

Back

Preview of the front of card 5
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