causation

What is causation ?

When the prosecution has the burden to prove that D’s conduct was the factual and legal cause of the prohibited consequence

Factual cause

Consequence would not have happened ‘but for’ D’s conduct

Case for factual causation

Pagett - D was convicted of manslaughter for using his wife a human Sheila resulting in her death

Legal causation

D’s conduct was in law, the operating and substantive cause of death

Legal causation: thin skull rule

D must take v as they find them - if v has something unusual about their physical, mental or belief state that makes the injury more serious, D is still liable

Case for thin skull rule

Blaue - D stabbed v who then died due to refusing a blood transfusion on religious grounds

Legal causation: chain of causation

Even where factual causation is established, prosecution must that the link between D’s conduct and the consequences was not broken by any intervening acts sufficiently independent from D’s conduct and serous enough

Intervening act: Act of a third party - medical treatment

Unlikely to break the chain of causation unless it is so independent of D’s acts and in itself so potent in causing death

Case for act of a third party

Jordan - v was stabbed in the stomach and doctor ordered as large dose of antibiotic that he was allergic to . This caused V’s death

Intervening act: victim’s own actions

Not applicable if v acted in a foreseeable way that is proportionate to threat

Case for victims own act

Roberts - D held liable for ‘s injuries when she jumped from his car in order to escape his sexual advances j

Intervening act: Natural but unpredictable event

Injury or loss caused by nature e.g earthquake/flood