Criminal Seminar 4 -Causation - FT202 by Claire Turner https://padlet.com/claire43/nub02hfgxl1g en-us 2018-10-11 09:51:48 UTC 2025-04-24 08:21:03 UTC hello@padlet.com 1. Den set out to kill Vin by tampering with the brakes of Vin's motorbike. While riding the bike, Vin was killed in a collision with a car which pulled out from a junction. Misjudging the speed at which Vin was approaching, the car pulled straight onto the road and into his path, giving him no time to brake. There is evidence that the brakes would have failed if full pressure had been applied to the brake lever but that Vin had not attempted to do so. claire43 https://padlet.com/claire43/nub02hfgxl1g/wish/2345104726 2022-10-18 13:24:39 UTC https://padlet.com/claire43/nub02hfgxl1g/wish/2345104726 3. Dev throws a brick out of his upstairs bedroom window as he has lost his temper with the builders who have been making a mess whilst renovating his house. The brick hits one of the builders, Viv, and kills him instantly. Unbeknownst to Dev, Viv had a bone condition which made his bones vulnerable to breakage and died from a fractured skull from being hit on the head. claire43 https://padlet.com/claire43/nub02hfgxl1g/wish/2345105268 2022-10-18 13:24:56 UTC https://padlet.com/claire43/nub02hfgxl1g/wish/2345105268 4. Vic is in an abusive relationship with Dominic. One night, Dominic comes into their bedroom and threatens Vic with violence. She is terrified and jumps out of the window and breaks her arm. She is taken to hospital where the doctor fails to see the complexity of the break. Her arm is not set properly. It fails to heal and Vic dies from the resulting infection. Evidence established that the doctor had not fully examined Vic as the hospital was busy that evening. claire43 https://padlet.com/claire43/nub02hfgxl1g/wish/2345105672

]]> 2022-10-18 13:25:07 UTC https://padlet.com/claire43/nub02hfgxl1g/wish/2345105672 5. D has taken V hostage. He has a gun which he has fired at armed police who have surrounded his house. D tries to escape, using V as a shield. it is dark outside and visibility is poor. As D leaves an armed police officers fires at him but the bullet strikes V. She dies. D is charged with murder but claims the police killed V - is he correct? claire43 https://padlet.com/claire43/nub02hfgxl1g/wish/2345106183 2022-10-18 13:25:24 UTC https://padlet.com/claire43/nub02hfgxl1g/wish/2345106183 6. Delilah and Valentine were young models who shared a flat. Delilah was not being booked for work and was very jealous of the amount of work Valentine was getting. After a particularly disappointing casting, Delilah waited for Valentine to return to the flat and then threw a bottle of cleaning bleach over her face. Valentine’s injuries were catastrophic. She was left severely disfigured and suffering with devastating physical and psychological impacts. Six months after the attack, she committed suicide. The CPS is now considering charging Delilah in connection with the death of Valentine. Advise them. claire43 https://padlet.com/claire43/nub02hfgxl1g/wish/2345112070 2022-10-18 13:28:13 UTC https://padlet.com/claire43/nub02hfgxl1g/wish/2345112070 o The driver of the car was informed that Vin was on the road, he had the choice to go on to the road but he deliberately chose to drive on to the road at the point he chose. (Pagett) https://padlet.com/claire43/nub02hfgxl1g/wish/2345127826 2022-10-18 13:35:57 UTC https://padlet.com/claire43/nub02hfgxl1g/wish/2345127826 Team C https://padlet.com/claire43/nub02hfgxl1g/wish/2345129857 Den would not be guilty of a homicide offence because he is not the factual cause of vin's death. But for Den's actions would Vin have still died? Yes because Vin didn't press the brakes- White (1910).]]> 2022-10-18 13:36:50 UTC https://padlet.com/claire43/nub02hfgxl1g/wish/2345129857 Group B m0rleigh https://padlet.com/claire43/nub02hfgxl1g/wish/2345130825 1. : 
Factual causation: But for Dan tampering with the breaks, would Vin have died: YES, as before he even got to use his brakes as a safety measure, the car had already pulled out and hit him. AUTHORITY: R v White/ R v Dalloway- not guilty of murder, just attempting to do so perhaps. 

]]> 2022-10-18 13:37:15 UTC https://padlet.com/claire43/nub02hfgxl1g/wish/2345130825 Group B m0rleigh https://padlet.com/claire43/nub02hfgxl1g/wish/2345139245 Q2. R v Dalloway: the question is whether his negligence (in being uninsured and without a license) was the cause of the death: But for D’s negligent driving, would have the pedestrian still died? Possibly, as they could have stepped in front of a car that was driving legally and still have been hit and killed. ]]> 2022-10-18 13:41:12 UTC https://padlet.com/claire43/nub02hfgxl1g/wish/2345139245 Team C https://padlet.com/claire43/nub02hfgxl1g/wish/2345143182 3) Factual - White - but For

Legal causation - Smith - 'operating and substantial cause of the death?' Yes - no breaks in the chain as - Thin skull rule applies- the fact that Dev was not aware of Viv's bone condition is irrelevant. Hayward [1908]- Applies to pre-existing physical or psychological conditions. No intervening act. Dev is liable]]> 2022-10-18 13:43:05 UTC https://padlet.com/claire43/nub02hfgxl1g/wish/2345143182 D was driving without a license or insurance when a pedestrian stepped out in front of their car and was killed. The pedestrian was to blame for the accident and there was nothing D could have done to avoid it. D was charged under the Road Traffic Act, which provides that a person commits an offence if ‘being unlicensed, uninsured or disqualified, he causes the death of another person by driving a motor vehicle on the road’. Will he be convicted? claire43 https://padlet.com/claire43/nub02hfgxl1g/wish/2345143459 2022-10-18 13:43:14 UTC https://padlet.com/claire43/nub02hfgxl1g/wish/2345143459 claire43 https://padlet.com/claire43/nub02hfgxl1g/wish/2345157455 Factual causation? But for  - yes (White) she wouldn't have been in hospital but for his actions. 
Legal - Smith (as above). See Cheshire (quotations - 'extraordinary/unusual/potent/original contribution was insignificant - unlikely. Smith - Prosecution. Defence - Jordan? - Palpably wrong treatment? Victim break in chain - R v Roberts - natural result? Yes foreseeable? or was it daft? ]]> 2022-10-18 13:49:58 UTC https://padlet.com/claire43/nub02hfgxl1g/wish/2345157455 claire43 https://padlet.com/claire43/nub02hfgxl1g/wish/2345168088 Factual causation? - established (White). Legal causation - Smith - Operating and substantial cause. Pagett. Break in chain - no break (Pagett). ]]> 2022-10-18 13:54:41 UTC https://padlet.com/claire43/nub02hfgxl1g/wish/2345168088 claire43 https://padlet.com/claire43/nub02hfgxl1g/wish/2345173652 R v Wallace relied Kennedy No. 2 - free deliberate and informed. Dear. ]]> 2022-10-18 13:56:56 UTC https://padlet.com/claire43/nub02hfgxl1g/wish/2345173652 R v Wallace claire43 https://padlet.com/claire43/nub02hfgxl1g/wish/2346641295 2022-10-19 08:42:40 UTC https://padlet.com/claire43/nub02hfgxl1g/wish/2346641295