A level Law - Causation

• Causation

  Applies to all result crimes
• Factual causation

  But for test
• White


  But for test failed
• Legal causation


  Must decide if D's acts are sufficient to cause V's death
• Act + consequence


  Chain of causation
• Break chain

  Novus actus interveniens
• NAI

  Intervening act of a third party or victim
• R v Pagett


  Intervening act by police was reasonable foreseeable so no break in causation
• Smith


  The D's stabbing was the operational and substantial cause of V's death
• Cheshire


  Negligence on behalf of the hospital will only break chain of causation if it is a significant contribution to death. Only in extraordinary cases
• Jordan


  The original injury was not the operating and substantial cause of death. MedicAl treatment was PALPABLY WRONG
• Roberts


  V did not do anything daft or unexpected and her actions were reasonably foreseeable
• Williams


  Chain was broken by V doing something daft and unexpected and that no reasonable person could be expected to foresee
• Blaue


  D had to take V as he found her
• Causation


  D must have caused the result on the victim
• Factual causation


  R v White - 'but for' test. D put poison in mothers tea, she dies of an unrelated heart attack. If you remove D's actions, the same result would've occured
• Legal causation


  R v Smith - D stabbed, dropped on stretcher, given wrong treatment, 'operating and substantial cause' what is most blameworthy ?
• 3 intervening factors ?

  Medical actsWeakness of the victim Actions of the victim
• Medical acts - not breaking chain

  R v Cheshire - poor treatment doesn't break the chain of causation. D was given a tracheotomy which later caused breathing problems
• Medical acts - breaking the chain


  R v Jordan - wrong treatment does break the chain. D was allergic to painkiller given
• Weakness of the victim

  Will never break chain of causation. R v Blaue - Jehovah was stabbed, religion meant she couldn't have a life saving blood transfusion, v died
• Actions of the victim

  If the AoV are reasonably foreseeable then the chain will not be broken. R v Roberts - D made sexual advances to V in car, v jumped out of the car and suffered cuts, bruises and concussion. V actions were forseeable