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"
4 of 13
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
5 of 13
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"
6 of 13
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"
7 of 13
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".
8 of 13
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"
9 of 13
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"
10 of 13
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"
11 of 13
What must the defendant do in the thin skull rule?
Take the victim as he found him
12 of 13
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"
13 of 13
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
Card 4
Front
What case (giving the ratio) established the but for test?
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