causation

• the 2 types of causation are factual and legal
• what is factual causation?


  D can only be guilty if the consequence would not have happened 'but for' D's conduct (but for test)

  • R V Pagett
  • R V White
• what is legal causation?


  1. Was D's action an operative and substantial cause (the de minimus rule)
  2. there must be no break in the chain of causation/no intervening act (novus actus interveniens)
• what is the chain of causation?

  1. act of third party - R V Smith, R V Cheshire, R V Jordan
  2. victims own act - R V Roberts, R V Williams
  3. thin skull rule - R V Blaue
• what is the thin skull rule?

  you must take your victim as you find them - R V Blaue