causation

• What must the D have done to be liable for a crime?

  The D must have caused the crime
• What are the three parts of causation in law?

  1. Factual causation
  2. Legal causation
  3. No intervening act removing liability
• What is factual causation?

  Did D’s actions cause the crime as a fact?
• What is the test for factual causation called?

  The 'but for' test
• In R v White (1910), what was the outcome of the case?

  D was convicted of attempted murder
• What does the 'but for' test assess?

  Whether V would have suffered harm without D's act
• What is legal causation concerned with?

  Did D’s actions significantly contribute to the crime?
• What is the 'de minimus rule' in legal causation?

  D doesn’t have to be the main cause
• What is required for the chain of causation to remain unbroken?

  No intervening act must remove D from liability
• What is a novus actus interveniens?

  An intervening act that breaks the chain of causation
• In R v Pagett (1983), what was D's defense regarding his girlfriend's death?

  D argued he was not the cause of her death
• What was the court's ruling in R v Pagett (1983)?

  D was convicted because it was foreseeable
• In R v Roberts (1978), what did V do that contributed to her injuries?

  V jumped from the moving car
• What was the outcome of R v Roberts (1978)?

  D was convicted of ABH
• What does the 'daftness' test assess in legal causation?

  Whether V's actions were foreseeable
• What is the 'take V as you find them' principle?

  D is liable for V's pre-existing conditions
• In R v Hayward (1908), what was the cause of V's death?

  Excitement/fear from being chased
• What was the ruling in R v Blaue (1975)?

  D was convicted; no NAI was found
• What was V's religious belief in R v Blaue (1975)?

  V was a Jehovah's Witness
• What was the outcome of R v Jordan (1956)?

  Death was not caused by the wound
• In R v Smith (1959), what was the cause of V's death?

  Negligent medical treatment after stabbing
• What was the ruling in R v Cheshire (1991)?

  Negligent treatment did not absolve C
• What are the key cases related to causation in law?

  1. R v White (1910) - attempted murder
  2. R v Pagett (1983) - human shield case
  3. R v Roberts (1978) - ABH case
  4. R v Hayward (1908) - thin skull rule
  5. R v Blaue (1975) - Jehovah's Witness case
  6. R v Jordan (1956) - medical negligence case
  7. R v Smith (1959) - negligent treatment case
  8. R v Cheshire (1991) - negligent treatment case