Causation

• There are two types of causation: factual and legal.
• The prosecution must show:

  1. D's conduct was the factual cause
  2. D's conduct was the legal cause
  3. There were no new acts which broke the chain of causation.
• Factual causation is determined by the "but for" test.
• "But for" test is questioning would the outcome have occurred anyway. If the outcome would've happened, the D has no liability.

  White

  Pagett
• Legal causation is needed because factual is not enough on it's own.

  Kimsey: "More than a slight and trifling link"
• The chain of causation is a direct link between the act and the outcome.
• There must be no "new intervening acts" because they would break the chain of causation.
• Braking the chain can happen by:

  1. An unforeseen natural event
  2. Intervention of 3rd parties
  3. Acts of the victim
• Omissions will never break the chain.
• Acts of third parties: Cheshire and Jordan
• Malcherek: Turning off life support machine does not break the chain.
• Victims own acts must be reasonably forseeable.
• Roberts: Reasonably foreseeable act.
• Williams: Unreasonably foreseeable act.