causation

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10 Terms

1
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What makes up factual causation

The ‘but for’ test

The de minimus rule

2
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What is the but for test & case example

But for the conduct of the defendant would the victim have died when & how they did

R v White

3
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What is the de minimus rule & case example

The original injury caused by the defendant must be more than a minimal cause of death

R v Pagett

4
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What two things make up legal causation

Thin skull rule

Chain of causation

5
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What is the thin skull rule & case example

A defendant has to take their victim as they find them

R v Blaue

6
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What is the chain of causation & 2 case example

There must be a clear link between the defendants actions & the victims death

R v Smith

R v Jordan

7
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What 3 things can the chain of causation be broken by & case examples

Intervening acts - R v Smith, R v Jordan

Victims own acts - R v Majoram

A natural but unpredictable event

8
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What is said about negligent medical treatment breaking the chain

Rarely sufficient enough to break the chain of causation

R v Smith

R v Jordan

9
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What are the two types of intent & case example

Direct

Oblique - R v Nedmick

10
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What is a case that shows the actus reus & mens rea must be present at the same time

R v Church