what is causation ?
there must be a link between the defendants act and all consequence
what are the 2 types of causation ?
1factual
2 legal
what is factual causation ?
factual causation is whether the defendant is factually responsible for the outcome
what is the test used for factual causation ?
but for test
what is the but for test
but for the defendants actions the consequence would have not occurred
what are the 2 cases for factual causation
r v pagget
r v white
what does r v pagget state ?
the defendant used his girlfriend as a human shield and stated shooting at the police officers they shoot back and killed the girlfriend
what does r v white state ?
the defendant poisoned his mothers tea however before she drink her tea she died of heart attack
what is legal causation ?
legal causation asks wether the defendant is the operating and substantial cause of the outcome
what is the case related to legal causation ?
r v kimsey
what does r v kismey state ?
r v kimsey states that there must be more then a mere trifling link between the conduct and consequence