Causation

Causation
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Terms in this set (27)
Causation
For most criminal offences to be satisfied, the defendants behaviour must be proved to have caused a particular result.
Factual causation
Prosecution must prove that D's actions were the actual cause of death.
The 'but for ' test
But for the actions of D, would V have died (or been injured) as and when he did.
White
D put poison in V's hot chocolate however post Morton showed V died of a heart attack so D was only guilty of attempted murder.
Legal causation
2 aspects (the main question and the de minimus rule) prevents someone being unfairly held responsible.
Dalloway (was the consequence fault of D)
A child ran out in front of D who was driving a horse and cart. At the time D wasn't holding the reins but V would've died anyway so S wasn't guilty.
Merchant and Muntz
D was driving an agricultural lorry when V came round the corner on a motor bike at excessive speed and collided with D. V died from being impelled on one of the spikes which should've been covered. D wasn't guilty as V would've died regardless.
The de minimis rule
D's actions need not be the main principle or substantial cause of the result, just more than a slight or trifling link.
Kimsey
K and V racing in cars V lost control rated and died k was also responsible as he incited the race.
Intervening acts
An intervening act by a third part or the victim herself, will not necessarily break the chain of causation.
D is still liable ( when there is an intervening act)1. D's conduct was still significant/operating cause of death 2. The intervening act was a natural consequence of D's actions (foreseeable to the reasonable man) 3. The victim had an eggshell skullSmith (significant or operating cause)V stabbed by D taken to a barrack hospital on stretcher wound wasn't noticed and V died from loss of blood.CheshireD shot V who had to have a tracheotomy which actually caused v's death. Ratio: D's acts need not be the sole cause of death providing his acts contributed significantly to the death.JordanD stabbed V, Who was taken to hospital and given a shot he was allergic to, D was almost fully recovered and given the same shot again which killed him. Medical treatment was so palpably wrong that it could break the chain of causation.Malcherk and SteelTwo D's attacked two separate victims, who were kept on life support machines when the hospital switched off the life support machines D's argued that the chain of causation was broke. 'Too bizarre to say turning off life support breaks chain of causation'Padgett (natural consequence)D uses his girlfriend as a human shield when escaping from armed police, he fired shots at the police who negligently fired in defence D's girlfriend was killed. D was guilty.Egg shell skullD must take his victim as he finds them. Someone's weakness will not effect liability.HaywardD had indicated he was going to harm his wife who suffered a thymus gland condition. In an argument she ran into the road followed by her husband still shouting threats she collapsed and died because the exertion triggered her condition.BlaueD stabbed V 47 times she died because she refused a blood transfusion as she was Jehovah witness.HollandV's hand had been severely cut by D who attacked him with an iron bar. Blood poisoning set in and V died as he refused to have finger amputated.DearSlashed V with a Stanley knife who made the wound worse to commit suicide. D was guilty of manslaughter.The deftness test (escape cases)Was the reaction of V something so daft or unexpected that no reasonable person could have foreseen it.RobertsPicked up a female hitch hiker tried to touch her breasts so she jumped out the car and suffered a few scratches and bruises.Williams and DavisPicked up a hitch hiker on the way to Glastonbury who jumped out and died. Not guilty as danger couldn't be proved.CorbettA man with severe learning difficulties had been drinking heavily all day with D. D started to hit and head-butt V who ran away fell in the gutter and was hit by a passing car. Reasonable to run away so D was guilty of manslaughter.MarjoramV in his room D bangs on the door which causes V to jump/fall out of the window. Reasonable; D was guilty of GBH.KennedyD prepared a syringe of heroine and have it to V who self-injected it. V died of an overdose V's voluntary act breaks the chain of causation.