Legal Causation - Murder

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What is the definition of legal causation?
Legal causation - is where the defendants act is the operating and substantial cause of death
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What is the rules on the cause of death being substantial?
The law does not require conduct to be substantial, but it must be more than minimal cause of death
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What is an example of a case relating to more than minimal cause of death?
An example is Cato 1976 - two drug addicts spent the night injecting each other with heroin and water. As a result one died and the other was liable for their death.
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What was explanation given by the Court of Appeal?
They held that the heroin didn't need to by the only cause of death, but it more than minimal and it accelerated the death
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What has to be maintained in legal causation to be criminal liablity?
The chain of causation has to be unbroken.
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What is taking your victim as you find him?
despite any pre exsisting weakness, a defendant must take thier victim as they find him, as in Blaue 1975
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What is the 'thin skull' rule?
The thin skull rule is where any pre existing unusual mental or physical condition which is makes an injury more serious. still dosen't change a defendants liablity.
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What happened in the case of Blaue 1975?
The victim was stabbed by the defendant, but because she was a Jehovah's witness she refused a blood transfustion. There is no good in thinking that the transfusion would have helped her because you have to take your victim as you find him.
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Other cards in this set

Card 2

Front

What is the rules on the cause of death being substantial?

Back

The law does not require conduct to be substantial, but it must be more than minimal cause of death

Card 3

Front

What is an example of a case relating to more than minimal cause of death?

Back

Preview of the front of card 3

Card 4

Front

What was explanation given by the Court of Appeal?

Back

Preview of the front of card 4

Card 5

Front

What has to be maintained in legal causation to be criminal liablity?

Back

Preview of the front of card 5
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