Fe1 Law Causation
- Created by: Ruandignam
- Created on: 26-08-17 09:59
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- Causation
- not enough to prove conduct- Have to show a particular result
- Distinguish Factual (but-for) causation with legal causation
- Legal Causation - unbroken Chain , no novus actus interveniens
- Distinguish Factual (but-for) causation with legal causation
- Medical Intervention
- R V Jordan (1956)
- R V Smith (1959)
- Solidier stabbed a nother soldier. Taken to medical centre but dropped on the way and negliegent care Parker Lj - Still Murder - original wound was an operating and substantial cause
- R V Cheshire ( 1991)
- Victim shot but life saving operation negligently carried out - Argued that it broke chain of causation - CofA rejected - only breaks the chain if so potent that it renders the original fact insignificant - the standard medical intervention is therefore gross negligence
- Non medical Intervention
- People V McGrath (1960)
- Priest moved a wounded man into the car and to hospital - Caused internal bleeding that killed him-Maguire CJ- formed a normal link in the chain of causation, Accused still guilty
- Impress Ltd V Rees ( 1971)
- Trespasser opened the valve on an oil tank & it leaked into a nearby river - Caused pollution - The act of the trespasser constituted novus actus interveniens - Broke the chain of causation
- Enviromental Agency V Empress Car Company (1998)
- Rejected Rees - must ask if ordinary or extraordinary intervention - must be latter to break the chain - conduct of trespasser was not extraordinary as no security fence or personnel guarding the premises - If ordinary occurrence then no break in chain even if foreseeable as happening to that defendant
- R V Pagett (1983)
- He kidnapped pregnant ex GF - Pursued by police - & they returned fire - killing a human shield - He claimed that he had not caused the death - it was the police bullet. Rejected on 3 grounds 1. police acting involuntarily in returning fire - doesn't break the chain 2. They were acting in self defense - doesn't break the chain (so long as reasonable force used) 3. Acting in the execution of legal duty - doesn't break the chain (so long as reasonable force used)
- R V Hallett (1969)
- Knocked out assailant on the beech - he was then drowned by the tied - chain broken? Bray CJ - distinguished events occurring in the ordinary course of nature ( act of Nature) & events occurring in the extraordinary course of nature ( acts of God) - must be the latter to break the chain
- People V McGrath (1960)
- Egg-Shell Skull Rule
- R V Blaue (1975)
- Other Conduct of the victim
- People ( AG) Vs Gallagher (1972)
- The victims negligence will not matter if you can still prove that the accused conduct was one of the causes that contributed in a real way to the death of the victim
- R V Kennedy
- Similar facts to Gemma Evans case except he had contacted an ambulance - Held that the self administration of the heroin had broken the chain of causation
- People ( AG) Vs Gallagher (1972)
- not enough to prove conduct- Have to show a particular result
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