Types of causation
- Factual
- Legal
Factual causation
> Consequence would not have occurred otherwise
‘BUT FOR’ test:
- the consequence (V) would have not have happened BUT FOR (D) conduct.
OR
- BUT FOR (D) conduct the consequence (V) would not have happened.
Factual causation Case Studies
- > R v Pagett (1983), using hostage pregnant girlfriend as a shield in active gunfire.
Defendant found guilty for factual causation of the victims death. - > R v White (1910), attempted poisoning of his mothers drink, mother dies from a separate heart attack instead.
Defendant not found guilty of factual causation of the victims death BUT charged for attempted murder.
Legal causation
> Proves if the defendants actions were significant in causing the consequence.
> The ‘‘operative and substantial’’ test.
- Unbroken chain of events must be established from D’s actions to the consequence of V:
= Chain of causation.
> Intervening acts are; UNREASONABLE and UNFORESEEABLE.
> determines who is guilty when 2 or more factors in victims death
Types of intervening acts
- actions of Third party
- actions of Victims
- acts of god
Acts of third party- case study
R v Pagett (1983)
> Police action of shooting back is NOT unreasonable and unforeseeable- entitled to shoot.
> Chain of causation not broken.
Third party- Medical treatment case study
R v Jordan (1956)
> Extra requirement for proving they broke the chain of causation=
- PALPABLY wrong + unforeseeable and unreasonable.
- Medics guilty for V’s death.
Legal causation MAIN case study
R v Smith (1959)
> Medics actions were not unreasonable and foreseeable.
> D is a significant cause of V’s death.
Actions of the victim case studies
R v Robert (1971)
> Her actions were not unreasonable and unforeseeable.
D is a significant cause of V’s injury.
R v Williams (1993)
> His actions were unreasonable and unforeseeable.
> D is not guilty for V’s death.
Acts of god
> Natural and unpredictable events
-E.G = eruption, hurricane, flood, landslide, tsunami.
