Causation

• R v White [1910]


  D‘s mother still would have died but for D poisoning her tea. No factual causation.
• R v Pagett [1983]


  D’s girlfriend wouldn’t have died but for D shooting at armed police. Factual causation. Acts of a third party.
• R v Smith [1959] 


  V‘s stab wound was the operative and substantial cause of death, not the CPR, so D was guilty. Legal causation.
• Types of intervening acts

  1. Acts of the victim
  2. Acts of a third party
  3. Acts of 'God’
• R v Roberts [1971]


  V jumped out D’s car to avoid sexual advances, this did not break the chain of causation. Acts of the victim.
• Types of causation

  1. Factual
  2. Legal
• Factual causation

  Consequence only occurred as a result of D’s conduct
• Legal causation

  Consequence caused by D’s culpable act. The chain of causation must be unbroken.
• Test for factual causation

  The but for test. Asks if the consequence would have happened without D’s conduct.
• Test for legal causation

  The operative and substantial test. Asks if D’s conduct was significant in causing the consequence.
• Chain of causation

  The unbroken chain of events from D’s conduct to the consequence.
• Novus actus interveniens

  A new intervening act is an event that happens between D’s act and the consequence. It only breaks the chain of causation if it’s unreasonable and unforeseeable.
• R v Jordan [1956]


  When the third party is a medic, the treatment must be unreasonable, unforeseeable and palpably wrong to break the chain of causation.
• R v Williams [1993]


  V jumped out D’s car to avoid threat of robbery, this did break the chain of causation. Acts of the victim.
• Acts of God

  These are natural and unpredictable events such as floods, earthquakes, bolts of lightning, etc.
• R v Blaue [1975]


  D stabbed V, a Jehovah’s Witness, who refused a blood transfusion and died. D was still guilty. The Thin Skull Rule.
• The Thin Skull Rule

  D must take V as they find them. Hidden vulnerabilities do not break the chain of causation, such as phobias and physical conditions or allergies.