Causation

Subdecks (1)

Cards (15)

  • The test for causation in fact is known as the but for test meaning but for the defendants actions , this result would not have happened as it did.
  • R V White— an example of the "but for" test.
    In R v White a man wanted to kill his mother so he put arsenic in her drink.Tests showed that by coincidence she died of a heart attack before the poison could take effect.
  • R v Pagett
    A man held his pregnant ex girlfriend hostage and fired at armed police in a dark stair well. When they returned fire he pulled her in front of him as a "human shield" and she died.
  • The test for proving causation in law is that the defendants actions must be a significant and operative cause of the result.
  • R V Smith - Causation in law case
    Mr Smith stabbed a fellow soldier with a bayonet during an argument . The victim was rushed to the medical centre but the soldiers carrying in dropped him twice .Then when he got to the centre ,the doctor did not give him the correct emergency treatment and he died.
  • R V Cheshire
    The defendant shot his victim,who was taken to the hospital where he later suffered breathing problems which led to a tracheotomy and he died from medical complications.
  • The test for proving law is that the defendants actions must be a significant and operative cause of result . This means that it does not have to be the only cause but must not be minor or insignificant.
  • The test for proving causation in fact is known as the "but for" test meaning "but for" the defendants actions, the result would not have happened as it did.
  • The chain of causation means the link between the defendants actions and the end result. The chain can be broken by a new intervening act/event (novus actus interveniens).
  • The Thin Skull Rule is a rule where you must take your victim as you find them.This means that if the victim has a pre-existing condition of the victim makes the end result worse. This does not break the chain of causation and the defendnt is still liable.