general elements of criminal liability- causation

What is causation?

This is required for consequence/ result crimes. It must be proven that Ds actions caused the result. For example in murder, you must show D caused the death. There are two types of causation and both must be present

What is factual causation + cases?

It is established by using the ‘but for’ test. This means the result wouldn’t have happened but for D’s actions. If the result would’ve happened anyway, D cannot be guilty.

R v white- D wasn’t guilty of murder as he didn’t cause the death.

R v Pagett- but for D using his gf as a human shield, she wouldn’t have died. Guilty

What is legal causation + cases

D must have contributed to the result in more than a minimal way (r v kimsey) It doesn’t have to be a substantial cause, or even the only cause, just more than minimal. There must be a direct link between Ds actions and the result, which is known as the chain of causation.

What is the chain of causation?

To prove Ds guilt, the chain of causation must not be broken by a new intervening act. Intervening acts will only break the chain of causation if they are unforeseeable. An omission will not break the chain, only an act.

What are the new intervening acts?

Actions of a third party, Vs own actions, thin skull rule

What are actions of a 3rd party?

Usually acts of a third party don’t break the chain.

R v smith- if the d’s actions were operating and substantial they will be guilty.

R v Jordan- the treatment was ‘palpably wrong’ meaning it was so bad that Ds act of stabbing v became insignificant in causing Vs death. The chain was broken by medical treatment.

Malcharek and steel- turning off life support will not break the chain as v is already brain dead, so death has already occurred.

What are actions of V?

Usually actions of V don’t break the chain as long as they are reasonable

R v Roberts- was foreseeable (jumping out of car to escape)

R v Williams- wasn’t foreseeable (jumping out of the car)