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8 Cards in this Set
- Front
- Back
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Define Causation |
The link between the defendant's act and the criminal consequences. |
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Factual Causation |
The defendant is only guilty if the consequences would not have happened without their act. The but for test- R v White (cyanide), R v Pagett (human shield) |
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Legal Causation |
Limits the chances of an innocent person being convicted. The chain of causation must remain unbroken for there to be criminal liability. Test of substantial and operative was established in R v Smith |
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Substaintial Causation |
- Doesn't have to be the main/ only cause, just needs to be more than minimal/ trivial. -De Minimus rule - R v Benge |
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Operative Causation |
Includes the thin skull rule, victims own act and act of a 3rd party. |
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Define Victims Own Act |
The defendant is liable for foreseeable consequences of his actions. Is the action so daft that they were not reasonabley foreseeable. R v Roberts (rape), R v Williams (theft) |
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Define Thin Skull Test |
Take your victim as you find them- R v Blaue (Jehovahs witness) |
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Act of a third party |
Includes medical negligence- R v Jordan, R v Smith, R v Cheshire |
