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Summary Cases and overview on result crimes and causation- Criminal law £6.06
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Summary Cases and overview on result crimes and causation- Criminal law

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Providing an overview and key legal elements of result crimes and causation. Including cases (in pink).

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  • February 18, 2025
  • 2
  • 2023/2024
  • Summary
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Result crimes and causation

Result crimes:
 Crimes where AR requires a result or consequence.
 Prosecution has to establish link of ‘chain of causation’ between d’s conduct and
result
 Rules of causation are crucial.

Must prove:
1. FACTUAL CAUSATION
2. LEGAL CAUSATION
Must both be proved to be guilty.


Factual causation
 But for test- R v White [1910] 2LB 124
 But for d’s conduct, would the result still have occurred as and when it did?

Legal causation:
1. D’s conduct must be a more than minimal cause (de minimis principle)
2. Must be no breaks in chain of causation from later events or behaviour
De minimis principle
 Operating and substantial cause- smith [1959]
 Contributed significantly to the result- Pagett [1983]
 Significant contribution, more than negligible- Cheshire [1991]
 More than minimal- kimsey [1996]
No chains in break of causation
 D’s act doesn’t need to be sole cause. ‘accused’s act need not be sole cause or even
main cause…’- Pagett [1983]
 Thin skull/ eggshell rule. Must take victim as you find them- Blaue
Applies to pre-existing physical or psychological conditions- Hayward [1908]
Extended to cover religious beliefs, d must take whole man not just physical man-
Blaue [1975]
New intervening acts or events might break chain.
 Can break if result of ‘free, deliberate and informed intervention of a third party or
one that isn’t foreseeable or’
 An abnormal act or event
Victim conduct
 (Escaping). Chain remains intact if v’s response is reasonable foreseeable. Would
break if v did something that was seen as silly and not reasonably foreseen- Roberts
[1971]
 (neglect or self harm). Chain breaks where v made truly voluntary choice. V’s
response to extreme circumstances created by d’s unlawful act. Holland [1841], Dear
[1996], Wallace [2018]
 (drug administration) free will, d cant be responsible for v acting in certain way-
Kennedy no.2 [2008]

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