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17 Cards in this Set
- Front
- Back
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White |
But For Test Factual Causation |
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Smith |
Legal Causation Accused Act need not be the sole cause or even the main cause of the consequence Must be substantive and operative |
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Williams |
Chain of Causation is Broken Victim does something so crazy and unpredictable |
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Jordan |
Chain of Causation is Broken Third party deliberately intervenes - medical negligence |
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Blaue |
Take your victim as you find them (Refusing Blood) Thin Skull Rule |
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Gibbins & Proctor |
Causation by Omission Familial Duty of Care Dad didn't feed his kid |
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Pittwood |
Causation by Omission Contractual Duty of Care Crossing guard who went on lunch break |
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Stone & Dobson |
Causation by Omission Assumption of Responsibility Two idiots take care of one of theirs idiot sister who dies |
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Miller |
Causation by Omission Creating a Dangerous Situation Hobo fell asleep with a lit cigarette, he woke up to a small mattress fire, moved rooms and went to sleep Actions Created a duty |
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Dytham |
Causation by Omission Public Office Police officer who saw a man get beat to death by a bouncer outside a nightclub |
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Mohan |
Direct Intention D acts deliberately D drove at a police officer |
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Woollin |
Indirect Intention Foresees the result, doesn't necessarily desire it Applies Nedrick to create test D slammed his baby into the ground 1)Death or GBH virtually certain because of D's actions? 2) D appreciated that was the case? |
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Nedrick |
Indirect Intention Foresight of virtual certainty D poured fuel through a letterbox of a woman he hated, result was virtually certain |
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Cunningham |
Subjective Reckleness D foresaw the risk of the prohibited result and still took the risk Ripped a gas meter off, gas killed mother in-law |
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Byrne |
Diminished Responsibility Abnormality of mental functioning Recognized mental condition He had crazy sexual urges, so he mutilated his a lady |
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4-Stage Test for Constructive Manslaughter |
1) D does an intentional Act 2) The act is unlawful 3) The act is dangerous - Church 4) Act causes death |
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. |
done |
