Who is the FACTUAL CAUSATION?
The d must be the factual cause for the victim’s injuries
What is the test for FACTUAL CAUSATION?
The ‘but-for’ test
Prosecution could not prove that the d’s actions were the factual cause for the v’s death, ‘but-for’ his actions, she still would’ve died case
R v White
What is LEGAL CAUSATION?
D’s act or omission legally caused the crime
What is the SUBSTANTIAL AND OPERATIVE CAUSE rule?
D’s actions must be a ‘significant contribution’
What is the ‘DE MINIMIS’ RULE?
D’s actions were a more than minimal cause of the result
D’s driving was not the substantial cause of death, but was more than a minimal link case
R v Kimsey
What may cause the d to not be criminally liable anymore?
A break in the chain of causation
List the three types of NOVUS ACTUS INTERVENIENS
- Medical treatment
- The victim
- Third party
How would medical treatment break the chain of causation?
If the treatment is palpably wrong
Doctors gave the V medicine he was allergic to case
R v Jordan
The V was stabbed, then dropped twice on the way to the medical officer, who failed to treat the wound in time due to negligence case
R v Smith
D was shot in fish and chips shop and then received negligent treatment in hospital and died case
R v Cheshire
How would the victim break the chain of causation?
If they act in a way that is considered to be unreasonable
V jumped out of moving car in fear of being raped by D case
R v Roberts
How would a third party break the chain of causation?
If their actions are considered unreasonable
D used pregnant girlfriend as human shield during firefight with police case
R v Pagett
What is the THIN SKULL RULE?
Take your victim as you find them
D was liable for the death of V, after V rejected a blood transfusion due to religious beliefs case
R v Blaue
