Term
|
Definition
Factual Causation
No factual cause of death because the actual cause of death (heart attack) was natural and not affected by defendant's act (poisoned beverage). Case established the "bust for" test, i.e. would the result have occured but for the defendant's actions? If answer is yes, defendant is not liable. |
|
|
Term
|
Definition
Factual causation
Defendant used his girlfriend as a human shield to avoid bullets from police, killing her. He was convicted of her manslaughter as she would still be alive but for his actions. |
|
|
Term
|
Definition
Legal causation
The defendant who stabbed his victim was not the operating and substantial cause of his death (as the knife wound had healed), the hospital was (for their palpably wrong medical treatment). |
|
|
Term
|
Definition
Legal causation
Two soldiers in a fight - defendant stabbed victim, who later died from punctured lung. Despite defendant arguing chain of causation had been broken by a). being dropped whilst on the way to medical station and b). medical negligence, the court still held he was the operating and subsational cause of the death as the victim clearly died from blood loss caused by the knife injury.
|
|
|
Term
|
Definition
Legal causation
Defendant shot victim in the thigh and stomach, who later died in hosptial of rare complications from a tracheotomy performed by doctors to help his breathing problems caused by the defendant. Although the original (bullet) wounds were healing, the tracheotomy complications were not seen as independent of the gunshot wounds by the court, so chain of causation was not broken (defendant convicted).
|
|
|
Term
|
Definition
Legal causation
Defendant injured victim so badly she had to be put on life support. Doctors decided to switch life support off, killing the victim. Defendant argued that the doctors actually killed her and broke the chain of causation. However the court held that the original wounds the defendant had inflicted were the operating and substantial cause of her death, therefore defendant was convicted. |
|
|
Term
|
Definition
Legal causation
The defendant had stabbed a woman, who was a Jehova's Witness. She refused the life-saving blood transfusion offered by the hospital on religious grounds and died from her wounds shortly after. Defendant argues the woman was unreasonable and broke the chain of causation, but the defendant had to take his victim as he found her - including her religious beliefs - so the defendant caused the victim's death. |
|
|
Term
|
Definition
Legal causation
Girl who was a passenger in the defendant's car jumped out when he started to make sexual advances on her, injuring herself. The victim's own act was reasonable so there was causation. |
|
|
Term
|
Definition
Legal causation
Defendant gave a lift to man, who jumped out of the car when the defendant attempted to rob him, injuring his head and dying. Court held that the victim's own act were unreasonable and broke the chain of causation (victim caused his own fatal injuries).
|
|
|
