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16 Cards in this Set
- Front
- Back
- 3rd side (hint)
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Causation |
D's act caused the consequence |
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What does the proscution have to show when proving causation? |
Factual cause Legal cause |
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How can factual causation be proved? |
'But for' test |
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R v Paggett |
Man took pregnant wife as human shield, shot at police and police shot the wife. D is guilty for manslaughter as she would not be killed 'but for' Ds act. |
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How can legal causation be proved? |
1. De minimus rule 2. Thin skull rule 3. Intervening Acts |
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What is the De Minimis Rule? |
The D's conduct (act) must be more than a 'minimal' cause of the consequence |
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R v Kimsey |
CA held that instead of the term De minimus it was acceptable to tell the jury there must be more than a slight link between D's act and the consequence |
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What is the Thin Skull Rule? |
The D must take the V as they find them. If V has something that makes them more suspectable to injury, D will be liable. |
Jehovah Witness |
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R v Blaue |
V was stabbed by D. V refused a blood transfusion due to her religious belief, V died. D was guilty of murder due to the thin skull rule. |
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What are intervening causes? |
When something happens in between D's act and the consequence, breaking the chain of causation |
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What can break the chain of causation? |
The act of a third party V's own act Natural Event |
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General Rule on medical treatment? |
It is unlikely to break the chain unless it is so independent and so severe in causing death that it makes D's act insignificant |
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R v Smith |
Two soldiers fought, V stabbed in the lung. V was dropped twice on the way to the hospital. Med center gave innapropriate treatment, V died. D was guilty of murder as treatment was not independent enough of D's act |
Dropped |
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R v Jordan |
V stabbed in stomach, was healthy. Given anti biotics and suffered a reaction. Doctor stopped then put him on a large dose of anti biotics, V died.
The doctor is seen as an intervening act as V was perfectly healthy, breaking causation. |
Antibiotic |
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How can victims own act break the chain? |
V can cause his own death by trying to escape from D's threat. |
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How can victims own act break the chain? |
V can cause his own death by trying to escape from D's threat. |
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