Causation

Question 1

What is causation

Answer 1

There must be evidence to show that D caused the consequence

Question 2

What three things do the prosecution have to show?

Answer 2

• D’s conduct was the factual cause of the consequence
• It was the legal cause of the consequence
• There was no intervening act which broke the ‘chain of causation’

Question 3

What is factual causation?

Answer 3

Must be proved that the unlawful consequence would not have happened ‘but for’ D’s conduct

Question 4

FC case

Answer 4

Pagett

Question 5

FC not enough for criminal liability by itself case

Answer 5

Hughes

Question 6

What is legal causation?

Answer 6

• D’s conduct does not need to be the only cause of the consequence
• D’s contribution must be more than minimal

Question 7

LC case

Answer 7

Kimsey

Question 8

What is the thin skull rule?

Answer 8

• If V has special characteristics/vulnerability which makes injury more serious, D is liable for the more serious injury
• D must take V as they find them

Question 9

Thin Skull Rule case

Answer 9

Blaue

Question 10

What is an intervening act?

Answer 10

• Breaks the chain of causation
• Prevents D from being liable for the ultimate result

Question 11

What can the chain of causation be broken by?

Answer 11

• Unforeseeable act of nature
• Unforeseeable act of a 3rd party
• V’s own subsequent conduct

Question 12

Victims own conduct

Answer 12

Whether V’s conduct was within a range of reasonable responses in the circumstances

Question 13

Victims own conduct case

Answer 13

Williams

Question 14

Medical treatment

Answer 14

Unlikely to break the chain of causation unless it’s is ‘so independent’ of D’s conduct and ‘in itself so potent causing death’ that D’s acts are insignificant

Question 15

Cade for medical treatment not breaking chain of causation

Answer 15

Cheshire

Question 16

Case for medical treatment breaking chain of causation

Answer 16

Jordan