1. Causation Lesson Outcomes: Starter 1
Date: Friday, 30 November 2018
Causation
Lesson Outcomes:
Describe the rule on causation & apply to scenarios
Starter 1
In each case, consider whether the defendant will be liable for the death that occurred. For this activity you only need to consider the actus reus.
a) D is walking in the country on a cold winter afternoon. She comes across a large, deep lake. A man is in the middle of this lake, apparently drowning. D does nothing to try to rescue him.
b) D, a hospital surgeon, is on call. This means she may be rung up at home and called into the hospital whenever necessary. D is telephoned but chooses to finish a game of chess before setting off for the hospital. This takes thirty minutes. As a result of the delay, a patient who has been admitted as an emergency case suffers serious injuries.

2. Recap: What is a Legal and Factual Cause?
Kimsey (1996)
D was involved in a high-speed car chase with a friend. She lost control of her car and the other driver was killed in the crash. The evidence about what happened immediately before D lost control was not very clear. The trial judge directed the jury that D’s driving did not have to be ‘the principal, or substantial cause of the death, as long as you are sure that it was a cause and that there was something more than a slight or trifling link’. The Court of Appeal upheld D’s conviction for causing death by dangerous driving

3. Read the sheet on causation Summarise causation in one paragraph only
Apply law to these scenarios. Remember to use authority.
A prostitute leaves her new born baby in an orchard covered with leaves. The baby is attacked by a bird and dies.
A man frightens his wife and in order to escape his threats she jumps from a second floor window and is seriously injured.
Bob and Damien are involved in a fight. Bob runs away as he is very frightened. He falls over and is hit by a passing car.
Tony stabs Gordon piercing his lung and causing internal bleeding. His friends carry Gordon to a doctor’s surgery down the road but drop him as he is very heavy. The doctor does not realise he has severe internal bleeding aggravated by being dropped and gives him incorrect treatment. He dies two hours later.
Sophie shoots Edward. He is seriously injured. The ambulance taking Edward to the hospital is hit by an out of control lorry and Edward suffers severe head injuries. At the hospital he contracts MRSA (the super bug) and dies three days later.

4. Plenary
You have 10 minutes only to bullet point answers to the Activity scenarios on p.190