causation

Question 1

What is causation :?

Answer 1

Causation relates to the causal relationship between the actions of the defendant, and the result

• Causation is a result crime which means that the act must result in death
• R v Dalloway - shows that his case is authority for the point that the result must be caused by a culpable act.

Question 2

What case shows that that the result must be caused by a culpable act?

Answer 2

R V dalloway

Question 3

What is factual causation ?

Answer 3

This asks the question would the victim have died but for the defendant’s conduct( actions) ?

• This is also known as the but for test
• Illustrated in the case of White- this is where d poisoned mother

Question 4

What case shows the but for test ?

Answer 4

R V WHITE - d poisoned his mother

Question 5

What is legal causation .

Answer 5

This is where defendant’s act must be more than a minimal cause of death. It asks whether the defendant is morally to blame.

• Marchant & Muntz-motorcylce case no liability#
• Smith substantial cause of death
• Cheshire- contributed significantly to the outcome

Question 6

Summarise what legal causation is

Answer 6

Legal causation asks if the d was a substantial cause for the Ds death

Question 7

What are the cases that can be used for legal causation :?

Answer 7

• Smith - substantial cause

- Cheshire - contributed significantly to the outcome

Question 8

What is the The de minimis rule

Answer 8

This is the idea that the d’s action needs to be more than the minimal cause but not substantial ie inthe case of KIMSEY

Question 9

What case illustrates the de minimis rule

Answer 9

Kimsey- v involved in a high speed chase

Question 10

What is the general rule of causation ?

Answer 10

1. The defendant must take his victim as he finds him, this is known as the Thin Skull Rule
2. defendant must take his victim as he finds him, this is known as the Thin Skull Rule

Question 10

What is the general rule of causation ?

Answer 10

1. The defendant must take his victim as he finds him, this is known as the Thin Skull Rule
2. defendant must take his victim as he finds him, this is known as the Thin Skull Rule

Question 11

Explain the thin skull rule

Answer 11

This can be illustrated by the case of Hayward where d kicked wife but she died from another medical condition

• Blaue - refusal of blood transfusion - d was guilty of causing her death

Question 12

What cases illustrate the think skull rule ?

Answer 12

Hayward -

Blaue -

Question 13

How may Novus actus interveniens happen ?

Answer 13

In three ways
1. a) Intervening act of a third party

2. b) Actions of the victim
3. c) Victim self-neglect

Question 14

Explain inet

Answer 14

E