Causation

Cards (6)

  • factual causation 

    R v Pagett- but for the actions of the defendant, harm would not have come to the victim
  • legal causation 

    R v Smith - substantial and operative cause
    no novus actus interveniens (new act intervening) substantial - more than a slight or trifling link (R v Kimsey)
  • break chain of causation - act of victims
    defendant causes victim to react in a reasonably foreseeable way. any injury will be see as caused by the defendant
    R v Roberts - must be proportionate to threat
    R v Williams and Davis - not liable if actions were daft and unreasonable
  • thin skull rule 

    R v Blaue - defendant must take victim as they find them
  • medical treatment 

    Medical negligence rarely breaks chain (R v Smith, R v Cheshire)
    but does if treatment is palpably wrong (R v Jordan)
  • naturally occurring event (act of god) 

    naturally occurring event incident may occur which breaks chain of causation - unforeseeable