causation 0.0 / 5 ? LawCriminal lawASOCR Created by: abbie01xoCreated on: 08-05-18 13:45 what is factual causation based on? the but for test... but for D's conduct, would V have suffered the injury or death? 1 of 15 what is the case for factual casuation? pagett... but for D using his girlfriend as a human shield, she wouldn't have died 2 of 15 what must D's conduct be for legal causation to be proved the operative and substantial cause of V's injuries/death 3 of 15 what is the case for this? smith 1959 4 of 15 how could the chain be broken? if something else occurs after D's conduct (an intervening act (novus actus interveniens )) 5 of 15 what are the 3 possible breaks in the chain of causation? a natural and unforesseeable event, victims own act and act of a third party 6 of 15 what does the victims own act have to be to be an intervening act so daft as to be unreasonable 7 of 15 what is the case for this? williams ("beyond the ambit of reasonableness") 8 of 15 what is the contrasting case for this? roberts (actions were reasonable) 9 of 15 when do special considerations apply for the act of a third party when it involves medical treatment 10 of 15 when is the chain not broken when referring to medical treatment when the original injury is the 'operative and substantial cause' and the medics are still treating the original injury 11 of 15 what are the cases for this smith and cheshire 12 of 15 what case contrasts this and why? jordan as the treatment was 'palpably wrong' 13 of 15 what is the thin skull rule? where D must take the victim as he finds him, where the victim suffers over and above what an ordinary person would suffer 14 of 15 what is the case for the thin skull rule blaue 15 of 15
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