causation for AR

• in order to establish actus reus, prosecution must prove 3 things:

  1. Ds conduct is factual cause of death
  2. Ds conduct is legal cause of death
  3. that there is no break in chain of causation by interveining act
• factual causation

  • R V WHITE - he intend to kill her with cyanide but died of heart attack
  • court established the 'but for' test , where D couldn't be convicted unless it was shown that but for his actions V would not have died
• legal causation

  • was Ds conduct an operative substantial cause of death
  • KIMSEY - 'substantial cause of death' or ' more than a slight or trifling link"
• intervening acts

  • is there a act which would break chain of causation from D to V
  • so must be direct link to Ds acts and Vs consequence
  • medical mistreatment, Vs own act, third party, drugs cases & thin skull rule
• Intervening act of medical mistreatment

  Doctors may be liable under the law for gross negligent manslaughter

  ( cheshire, jordan )
• Cheshire case


  • Shot by D but died from rare complications of tracheotomy. Cheshire still liable as acts contributed significantly. Negligent medical treatment only breaks chain of causation if it is 'so independent from original acts of D, and such a powerful cause, that the contribution made by D was now insignificant'
• Jordan case


  • V stabbed but doctors gave wrong antibiotics V was allergic to, then next day another doc gave a large dose and V died. D not guilty as doctors' acts were sufficiently independent enough to break the chain
• life support

  • switching off life support wont break chain causation ( malcherek )
  • neither does withdrawal of feeding tubes ( bland )
• the victims own act

  • if D can foresee possibility of V getting hurt he will be liable
  • roberts - D liable as V tired to escape car from sexual advances so this was foreseeable
  • however V may break the causation by acting in a daft manner
  • williams - acted in unreasonable manner by jumping from car so driver not liable
• acts of third party

  • where Ds conduct causes a foreseeable action by third party
  • pagett - took someone hostage so police fired and killed her
• drugs cases

  • free abnd voluntary acts of selfinjection by V can be intervening act (kennedy) however failure to get medical help once v needs it can be GNMS ( evans )
• thin skull rule

  • the accused must take victim as he finds him regardless of existing religious, physiological factors
  • BLAUE - V stabbed but refused blood transfusion as went against her pre-existing religious beliefs