Criminal law: Causation

• For result crimes D’s conduct must cause the unlawful consequence, to prove causation:

  1. D’s act or omission must be the factual cause of the result and
  2. D’s act or omission must be the legal cause of the result
• But for test:

  D will only be liable if the consequence would not have happened but for their unlawful act or omission.

  R v White

  R v Pagett
• legal causation means D has caused the unlawful outcome if his conduct contributes to it in a more than minimal way
• (Breaks in the chain of causation)

  1. act of a third party

  R v Smith
• (Breaks in the chain of causation) medical negligence if extraordinary and unusual

  R v Cheshire
• (Breaks in the chain of causation)

  3. Victims own actions if unexpected or unreasonable.

  R v roberts
• (Breaks in the chain of causation) thin skull rule, D must take their victims as they find them

  R v Blaue