causation

• two types of causation

  factual and legal
• what test is used for factual causation?

  but for test - Pagett
• what other case can be used for the but for test

  White - victim did not suffer the injury/death because of the defendant's conduct here
• what is legal causation?

  where there is a direct link between the defendant's conduct and the consequence - chain of causation
• if the chain of causation breaks, what is this known as?

  an intervening act - novus actus interveniens
• what are the three ways the chain of causation can be broken?

  1. natural but unforeseeable event
  2. victim's own act
  3. act of a third party
• what is the test for victim's own act?

  victim does something that is so daft to be unforeseeable/unreasonable - Williams
• what is the case for victim's own act where the chain of causation was not broken?

  Roberts
• what was the principle in Dear in victim's own act?

  deciding not to access medical care is not seen as so daft to be unreasonable
• when will a third party (general) break the chain of causation?

  when their actions are unforeseeable - Pagett
• what is the general rule regarding medical treatment in act of a third party?

  the chain is not broken so long as the original injury is the operative and substantial cause of the consequence - Smith and Cheshire
• when would the chain be broken regarding medical treatment in act of a third party?

  when the original injury was effectively healed and the treatment was palpably wrong - Jordan
• rule regarding life support in act of a third party?

  switching off life-support machine does not break the chain of causation - Malcherek
• what is the thin skull rule?

  the defendant must take the victim as he finds him - Blaue
• what is the effect of the thin skull rule?

  does not break the chain of causation