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Paper 1
Criminal
Causation
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Created by
Liam
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Cards (17)
What is the test for factual causation?
'But for'
the defendant's conduct would the
consequence
have happened
What is a case for factual causation?
Pagett
What is the test for legal causation?
The defendant must be
more than a minimal cause of the consequence
but not a
substantial cause
What is a case for legal causation?
Kimsey
What is the thin-skull rule?
The defendant must
take the victim as he finds him
What is the case for the thin-skull rule?
Blaue
What is the chain of causation?
Where there's a
direct link
from the defendant's
conduct
to the
consequence
When might an intervening act break the chain of causation?
When it is
sufficiently independent
and
sufficiently serious
of the
defendant's conduct
What are the three things that can break the chain of causation?
An act of a third party
,
the victim's own act
,
a natural but unpredictable event
Is medical treatment likely to break the chain of causation?
No
unless it is
so independent
of the defendant's
acts
and in itself
so potent in causing death
that the defendant's
acts
are
insignificant
What case states medical treatment will only break the chain of causation if it is 'so independent' and 'so potent in causing death'?
Cheshire
What is a case where medical treatment breaks the chain of causation?
Jordan
What is the point of law from Malcherek?
Switching off
a
life-support
machine
does not
break
the
chain of causation
When does the victim's own act not break the chain of causation?
If the
defendant causes
the
victim
to
react
in a
reasonably foreseeable way
When does the victim's own act break the chain of causation
If the victim
reacts
in a way the
ordinary person
would not have done
What are two cases where the victim's own act does not break the chain of causation?
Roberts
and
Marjoram
What is a case where the victim's own act does break the chain of causation?
Williams
and
Davis