1
Q
What are 3 public policy considerations influencing causation?
A
- We dont want to prevent Good Samaritans
- initial perpetrator should not get unpunished
- what outcome is most fair/just - justice for victims
- prevention of public outrage
2
Q
What is the difference between legal and factual causation?
A
- based on public policy considerations
- The factual cause of a harm may not be regarded – from a public policy point of view - as the appropriate legal cause. - fair, just and reasonable
3
Q
What can break the chain of causation?
A
- novus actus interveniens
- The argument is that an intervening act (eg the actions of a third party, such as a doctor who makes a mistake in treating the victim) has broken the chain connecting the accused’s act or omission to the harm.
4
Q
What are the main cases on causation? (3 English, 4 Irish with tests for murder and manslaughter)
A
- R v Jordan (UK)
- R v Smith (UK)
- R v Cheshire (UK)
- People (AG) v McGrath (IE)
- People (DPP) v Davis [2001] 1 IR 146
- DPP v Dunne [2014] IECCA 29
- People (DPP) v Joel [2016] 2 IR 363 - manslaughter
5
Q
What is the current position on Novus actus interveniens?
A
- DPP v O’Loughlin 2021
- key case - not replace Dunne- Dunne SC and this CoA
- novus actus can only happen after???
6
Q
Can causation be inferred?- case
A
yes it can be from evidence as showed in DPP v Murphy
7
Q
In which cases and how is egg shell skull rule used in causation?
A
- R v Blaue 1975 - Approved in Dunne by O’Malley J for Ireland
- R v Harvey - egg shell skull- UK
8
Q
How unreasonably can the victims act?
A
- Two UK cases- no corresponding Irish law
- Irish context- use Dunne as context- initial agressor in bad position
R v Williams and Davis
R v Roberts
