Causation in Criminal Law

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When does Causation apply?
To all result crimes
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What two elements are there to causation?
Factual and legal causation
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What test is used in Factual Causation?
The 'but for' test
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What case (giving the ratio) established the but for test?
R v White: "but for the defendants action the victim still would have died from a heart attack, therefore the but for test failed"
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What three tests make up Legal Causation?
1) The original injury was the operating and substantial cause of death or injury 2) Novus Actus Interveniens (NAI) 3) Thin Skull Rule
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What case (and ratio) demonstrates that the original injury was the operating and substantial cause of death?
R v Smith: "The stab wounds inflicted by the defendant where the operating and substantial cause of death"
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What case (and ratio) demonstrates a NAI of a third party?
R v Pagett: "as the actions of the police were reasonably foreseeable, there was no break in the chain of causation"
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What case (and ratio) demonstrates a NAI through medical treatment (no break)?
R v Cheshire: "the complication with the tracheotomy was not independent of the gun shot wound, therefore the was no break in the chain of causation".
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What case (and ratio) demonstrates a NAI through medical treatment (break)?
R v Jordan: "the two serious mistakes that the hospital made were palpably wrong and therefore this did break the chain of causation"
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What case (and ratio) demonstrates a NAI of the victim own contribution?
R v Roberts: "it was reasonably foreseeable that the victim would have fled and therefore did not do anything daft or unexpected when she jumped out of the car"
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What case (ratio) demonstrates a NAI of the victims own contribution (failed)?
R v William: "it was daft and unexpected that the victim jumped from the car therefore the chain of causation was broken"
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What must the defendant do in the thin skull rule?
Take the victim as he found him
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What case (and ratio) demonstrates the thin skull rule?
R v Blaue: "although the defendant did not know the victim was a jehovah witness, he must take the victim as he found him"
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Other cards in this set

Card 2

Front

What two elements are there to causation?

Back

Factual and legal causation

Card 3

Front

What test is used in Factual Causation?

Back

Preview of the front of card 3

Card 4

Front

What case (giving the ratio) established the but for test?

Back

Preview of the front of card 4

Card 5

Front

What three tests make up Legal Causation?

Back

Preview of the front of card 5
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