Causation

• What does actus reus require proof of?

  An act or an omission (conduct)
• What must usually be proven regarding (D's) conduct?

  That it caused a particular result, such as murder or causing death by dangerous driving
• What is the purpose of the rules of causation?

  To decide whether (D's) act caused the prohibited consequence
• What must the prosecution prove when causation is not clear?


  Both factual and legal causation
• What does factual causation involve?

  Asking whether the consequences would have happened ‘but for’ (D's) act
• What happens if the consequence would have occurred irrespective of (D's) conduct?


  (D) is not the factual cause of the consequence
• What does it mean if the consequence would not have occurred ‘but for’ (D's) act?


  (D) will be the factual cause of the consequence
• What must the prosecution prove after establishing factual causation?

  Legal causation
• Why is it important to prove legal causation?

  To ensure there is little chance of an innocent person being convicted
• What is the chain of causation?

  The link between the act and the consequence that must remain unbroken for criminal liability
• What did the cases R v. Smith and R v. Cheshire establish?

  The present rules for legal causation
• What must (D) be in terms of causation according to R v. Smith?

  The ‘operative and substantial cause’
• What does R v. Cheshire state about (D)'s contribution?

  (D) must have made ‘a significant contribution’
• What is the ‘de minimis’ rule as established in R v. Kimsey?

  (D)'s conduct must be more than minimal
• What is the thin skull rule in relation to intervening acts?

  The physical characteristics of (V) do not break the chain of causation
• What case established that refusal of medical treatment does not break the chain of causation?

  Blaue
• What happens when there is a natural consequence of (D's) actions by a third party?

  It breaks the chain of causation
• Which cases illustrate that a natural consequence of (D's) actions by a third party breaks the chain of causation?

  Pagett, Hallett, Corbett, Marjoram