law - causation

• Causation


  Where it is proven that there is a continuous chain of events from D's conduct to the consequence
• What the prosecution must prove


  • Factual causation
  • Legal causation
• Factual cause


  • It must be proven that D factually caused the consequence
  • To show this the 'but for' test is used
  • 'but for' D's actions the consequence would not have happened (Paggett) (White)
• Legal cause


  • It must be proven that, in the eyes of the law, D's conduct was wrong
  • It is proven by showing that D's conduct was the operative and substantial cause of the consequence and there is no intervening act to break the chain (Smith) (Jordan)
  • The chain of events can be broken by:

  1. The act of a 3rd party when independent and serious enough to break the chain (Jordan)

  ii) The victim's own actions when unforeseeable and unreasonable (Williams)

  iii) A natural but unpredictable event e.g. a flood or landslide
• Thin skull rule


  This is part of legal cause which shows that when V has a pre-existing weakness or belief that makes the consequence more serious, D must take his victim as he finds them, and is responsible for the more serious injury (Blaue)