Causation

Question 1

What happened in White?

Answer 1

D poisoned mother’s milk. Medical reports revealed she died of a heart attack and not the poison. D not liable for her murder as his act was not the factual cause of her death

Ratio: Established the ‘but for’ test, i.e would the result have occurred but for the actions of D? IF the answer is yes, D is not liable

Question 2

What happened in Pagett 1983?

Answer 2

D used V as a human shield in a shootout with police. Police shot back killing V

Ratio: D was the factual causation of her death as ‘but for’ his actions she would not have died. It was reasonably foreseeable police would return fire

Question 3

What happened in Hughes 2013?

Answer 3

D was involved in a fatal accident whilst uninsured and driving without a license

Ratio: SC held there had to be some element of fault in the control of the car in order to convict D of causing the death

Question 4

What happened in Benge 1865?

Answer 4

D was a foreman during work on a train track. He failed to give adequate warning to approaching train drivers and fatal accident occurred.

Ratio: Irrelevant that the accident might have been avoided if others had not also been negligent. D was substantially caused the death through his own negligence

Question 5

What happened in Kimsey 1996?

Answer 5

D and V engaged in high speed car chase. V lost control of car and died.

Ratio: D’s actions must be more than a minimal cause, i.e more than a slight or trifling link

Question 6

What is causation?

Answer 6

Causation is an essential element to established the Actus Reus in consequence crimes. There needs to be evidence to show that the Defendant caused the consequence.

Question 7

What does the prosecution have to show.?

Answer 7

1. D’s conduct was the factual cause of the consequence
2. It was the legal cause

Question 8

What does the prosecution have to show.?

Answer 8

1. D’s conduct was the factual cause of the consequence
2. It was the legal cause of that consequence
3. There was no intervening act which broke the “chain of causation”

Question 9

What is factual causation?

Answer 9

This is the starting point in establishing the “chain of causation”. It must be proved that the unlawful consequence would not have happened “ but for D’s conduct