“Butfor the defendant’s conduct/[omission], would the result have occurred?”
How is legal causation established?
Was the defendant’s conduct a substantial; blameworthy and operating cause
When establishing legal causation, the chain of causation must not be broken
A break in the chain of causation is called novus actus interveniens
How can a break in the chain of causation come about?
Subsequent actions of D
Natural events
The actions of the victim - R v Kennedy [2007] - victims’ can break that chain if their act is free, voluntary and informed
The actions/omissions of a third party
In what five areas does a duty of care exist?
Statutory/law enforcement duty
Contractual duties to act
Familial duties to act
Duty based on a voluntary assumption of care
Duty arising from the creation of a dangerous situation
What's an example of a breach of duty of care in statutory duty?
R v Dytham [1979]
A policeofficer was near a club and saw someone being kicked out and there was a fight in which he didn’t intervene and a person died
What's an example of a breach of duty of care in contractual duty?
R v Pittwood [1902]
Pittwood was a railway gatekeeper and in an instance didn’tclose the gate and a disaster occurred and it was found that it was an omission.
What's an example of a breach of duty of care in familial duty?
R v Hood [2004] a married couple
She fell down the stairs and for three weeks he failed to take care of her and didn’t call for help at all
What's an example of a breach of duty of care in voluntary duty?
R v Stone and Dobinson [1977]
The defendant’s sister went to live with the couple, her anorexia worsened and she was found dead in her bed
The court argued they had assumed a voluntary duty of care when they let her move in as they were aware of her illness so breached that duty by doing nothing about her illness
What's an example of creating a dangerous situation?
R v Miller [1983]
Miller was a smoker, lit a cigarette and then fell asleep and the mattress caught on fire and instead of putting it out, went to sleep in another room resulting in the house burning down
What's an example of a breach of duty to act?
R v Stone and Dobinson [1977]
S and D were a disabled couple who took in S's sister
S's sister was mentallyill and obsessed with her weight
S and D failed in their attempts to take care of her and she died as a result
What are the three levels of mens rea?
Intention
Recklessness
Negligence
Intention is the most blameworthy state of mind and has two levels: direct intent and indirect intent
What is direct intent?
Result is the defendant’s aim or purpose or a means to an end
What is indirect intent?
It is foreseeable that your unlawful action would occur
What is the test for indirect intent?
The Woollin Test
The defendant has indirect intent if
The result was a virtually certain consequence of the defendant’s conduct
The defendant personally foresaw it as virtually certain
The jury choose to find intention
The test for recklessness was established in G & R [2003]:
It must be shown that:
D was aware of the risk that a result will occur
And it was, in the circumstances known to the defendant, unreasonable to take that risk
What is the test for negligence?
The test for negligence is objective and the defendant’s conduct falls below the standard of a reasonable person