Causation

• Causation


  • Did the defendant's act cause the consequence?
  • Was there an unbroken chain?
• Factual Causation

  • The 'but for' test
  • The defendant is only guilty if the consequence would not have happened 'but for' the defendant's act
• White (1910)

  • W tried to poison his mother. She died before drinking the poison. W found not guilty of murder - Why? Not W's act that caused her death. Failed the but for test.
• Pagett (1983)


  • P used girlfriend, Gail, as a human shield in shoot out with the police. She was hit by a police bullet and killed. Was P convicted of manslaughter? Yes as she would not have died 'but for' his actions. Passed the but for test.
• Legal Causation


  The defendant's act must be more than a minimal cause of injury/death. This is known as the 'de minimis' rule.
• Cato (1976)


  • C injected his friend with heroin and the friend died. Court stated that although the heroin was not the only cause of death, it was more than a minimal cause of his death and Cato was convicted of manslaughter.
• Thin Skull Rule

  The defendant has to 'take his victim as he finds him'. If you hit someone over the head and they have a thin skull and die - you have still caused their death. This would apply to any condition etc. they have and is not limited to a thin skull.
• Blaue (1975)


  • B stabbed a woman. She was a Jehovah's witness and refused a blood transfusion and died. B was convicted of murder as the 'thin skull rule' was applied and he had to take his victim as he found her.
• Chain of Causation

  • The link between the act and the consequence is called the chain of causation and it must be unbroken for criminal liability.
  • The prosecution must show that the act was the 'operating and substantial cause' of the consequence - Smith (1959)
• Novus Actus Interveniens

  An intervening act that can break the chain of causation
• Thin Skull Test


  Must take your victim as you find them
• Medical Treatment


  Can break the chain but only if it is 'palpably wrong' and 'in itself so potent in causing death or injury'
• Jordan (1956)


  • J stabbed a person who was taken to hospital. His wound was healing but he was given large dose of an antibiotic to which he was allergic and died. The court held that treatment constituted an independent intervening act which broke the chain of causation and J was acquitted.
• Smith (1959)


  • Soldier was stabbed. On way to hospital he was dropped and at the hospital was given medical treatment which made his condition considerably worse and he died. The court found Smith guilty of murder as the stab wounds were still an 'operating and substantial' cause of death.
• Life Support Machines

  Malcherek (1981) - The doctor turning off the life support machine did not break the chain.
• Victim's self-neglect or suicide

  Wallace (2018) - Wallace threw acid over her ex boyfriend who suffered horrific injuries. The victim went to Belgium where he died as a result of euthanasia in a clinic. This act broke the chain of causation so W was not guilty of murder but guilty of GBH with intent.
• Victim's own act can break the chain


  But only if the acts are unforeseeable
• Roberts (1971)


  • R giving a girl a lift and started to make sexual advances. She jumped out of the car which was travelling at between 20 - 40mph. R was convicted of causing the injuries as it was reasonably foreseeable that the girl would try and escape. Did not break the chain.
• Williams (1992)

  • W giving a hitch-hiker a lift and tried to steal his wallet. He jumped out of the car which was travelling at about 30mph. W was acquitted as the victim's actions were an unreasonable reaction out of proportion to the threat. As a result they did break the chain.
• 3rd party interventions/naturally occurring event

  Will only break the chain if unforeseeable.
• Kennedy No2 (2007)


  • K prepared drugs which the victim injected themselves. K was initially convicted of manslaughter as he had supplied the drugs. On appeal his conviction was quashed as the victim injecting themselves broke the chain.