Causation

• What must be proved in causation?

  The consequence must be proved.
• What are the two types of causation that must be proved?

  Factual and legal causation.
• What is the 'but for' test in factual causation?


  The prosecution must show that the consequence would not have happened but for the defendant's conduct. R v pagett
• What was the outcome of R v White regarding the defendant's actions?

  The defendant was not the cause of death since the mother did not die from the poison.
• What does legal causation require regarding the defendant's cause?

  The defendant's cause must be 'more than minimal' for the consequence. R v Hughes
• What is the thin skull rule in legal causation?

  The defendant must take the victim as they find them.
• In R v Blaue, what unique aspect of the victim affected the outcome?

  The victim was a Jehovah's Witness who refused a blood transfusion.
• What can break the chain of causation?

  An act of a third party, the victim's own act, or a natural but unpredictable event.
• What must medical treatment do to break the chain of causation?

  It must be so independent of the defendant's acts that the defendant's acts are insignificant.
• In R v Jordan, what caused the victim's death after being stabbed?

  An allergic reaction to the wrong antibiotics given by the doctor.
• In R v Smith, what did the medical staff do that affected the outcome?

  They gave artificial respiration that worsened the injury.
• What does it mean that the defendant's actions need not be the sole cause of death?

  The defendant's actions just have to contribute significantly to the death.
• In R v Cheshire, what was the cause of the victim's death after being shot?

  An infection from a tracheotomy performed in the hospital.
• What does switching off a life support machine do in terms of causation?

  It does not break the chain of causation.
• What happens if a victim's own act is unexpected and unforeseeable?

  It breaks the chain of causation.
• In R v Roberts, what did the victim do to escape a situation?

  The victim jumped from a car to escape sexual assault.
• What are the key elements of causation in law?

  • Causation requires proving the consequence.
  • Factual causation uses the 'but for' test.
  • Legal causation requires the defendant's cause to be 'more than minimal.'
  • The thin skull rule applies to the victim's unique conditions.
  • The chain of causation can be broken by third-party acts, the victim's actions, or natural events.
• What are the implications of medical treatment on the chain of causation?

  • Medical treatment must be independent of the defendant's actions to break the chain.
  • If the defendant's act is still a substantial cause, improper medical treatment does not break the chain.
• What is the significance of the cases R v Pagett, R v White, and R v Hughes in causation?

  • R v Pagett: Used a pregnant woman as a shield.
  • R v White: Poison did not cause the mother's death.
  • R v Hughes: Provisional license driver was not at fault for the victim's death.
• What are the outcomes of R v Jordan and R v Smith regarding medical treatment?

  • R v Jordan: Wrong antibiotics led to the victim's death, breaking the chain.
  • R v Smith: Medical treatment worsened the injury, but the defendant remained guilty.