Causation

Definition of causation

• Causation refers to the casual relationship between the actions of the defendant and the result.

Factual causation

• The defendant will only be guilty if the consequence would not have happened “but for” the defendants conduct.

• R v White 1910

Legal causation

• proved by showing that the defendants actions were more than minimal cause of the injuries suffered by the victim. This is called the “de minumus” rule.

• R v Kimsey

Novus actus interveniens

• number of situations where courts have considered when it comes to breaking the chain of causation:

• Negligent medical treatment

• Daft act of victim

• Third party intervention

• Victims self neglect or suicide

• Drugs case

Negligent medical treatment

• poor medical treatment will not break the chain of causation unless it becomes main cause of death

• R v Jordan

• R v Cheshire

• R v Smith

Daft actions of the victim

• Where the victim died something unreasonable which causes their own injury, then their actions will break the chain.

• R v Williams

• R v Robert’s

Third party interventions

• When a third party comes in and takes over as the main cause of injury, then they will break the chain of causation

• R v Paggett

Victims self neglect and suicide

• the courts have generally taken the approach of a victim failing to take care of themselves will not break the chain of causation

• R v Wallace

Definition of causation

• Causation refers to the casual relationship between the actions of the defendant and the result.

Drugs cases

• Where a person freely takes drugs tuen the actions of self injection or self application will break the chain of causation

• R v Kennedy

The thin skull rule

• Take your victim as you find them

• Any peculiar mental or physical state worsened by the defendant means they are liable for that too