Introduction to Criminal Causation ⇒ Causation refers to the enquiry as to whether the defendant's conduct (or omission) caused the harm or damage. Our Cram Notes are short, concise, simple and detailed Law notes for all Law subjects. Please sign in or register to post comments. whether the defendant's conduct (or omission) caused the harm or damage, they will look at factual and legal causation, 'but for the actions of the defendant, would the result/consequences have occurred? .are rcasonably wcll settled and can be stated quite shortly. N2 - This chapter notes that the law has a bafflingly large number of legal tests for causation. R v Hughes [2013] Causation An element of the actus reus of result crimes Normally treated as a common sense matter R v Dear [1996] Crim LR 595. Discuss. This includes data values and the controlled vocabularies that house them. In criminal law, causation essentially describes a ‘cause and effect’ relationship between the defendant’s actions and the harm suffered by the alleged victim. The Doctrine of Causation explained The doctrine of causation as we understand it is applied by the courts to determine the existence of a link or causal chain between a defendant’s conduct and a particular result prohibited by law. Summary - Criminal law - necessity 2. Michael (1840) [ 2] C Causation could be proved either through factual or legal causation. In other words, as the court said in R v Kennedy, it is usually “common sense”. R v Hayward (1908) 21 Cox 692. a legal cause of injury is a cause which is a substantial factor in bringing about the injury. But see Judge Cardozo's opinion in Palsgraf v. Long Island R.R., 248 Causation An element of the actus reus of result crimes Normally treated as a common sense matter and not in concert with one another, commit two separate acts, each of which alone is sufficient to bring about the prohibited result. There was no novus actus interveniens as Sally’s actions - in deflecting the rock - were justified. He remains affiliated to Wits Law School as a visiting Associate Professor of Law. ⇒ See, for example, the case of R v Blaue. Datasets available include LCSH, BIBFRAME, LC Name Authorities, LC Classification, MARC codes, PREMIS vocabularies, ISO language codes, and more. D stabs V, wound almost healed. Causation in Criminal Law Crimes such as homicide, where the result of the defendant’s conduct is a necessary aspect of the crime, may require a causation analysis. Case law is messy and contradictory. '-* hitherto the judges have made little progress in establishing [the] principles [of Introduction What happened between 1983 and 1989 to occasion this turnaround in the fortunes This Practice Note deals with the law on causation and intervening acts. CAUSATION Problem of causation; amplifier shorting looks like an intervening negligent act and not foreseeable. Causation in fact does not always mean there will be causation in law. ⇒ Factual causation is the starting point and consists of applying the 'but for' test. T failed to rectify windpipe: V dies. No break in the chain Denis Klimchuk, Causation, Thin Skulls and Equality (1998) at pg. Dalloway (1847) and T’s negligence did not alter this. Applying the Law: Are the following defendants still liable? No break in chain of causation Simester & Sullivan, Criminal Law: Theory and Doctrine, p (1) The original harm inflicted by D must no longer be contributing to the occurrence of the eventual result (i.e., as a concurrent cause) In both Jordan and Cheshire the original harm did not contribute to the victim’s death. Actual Causation - But For Test. Bad bruise looks like s.47, but it would not be grievous bodily harm, nor wound, so it … the original wrongdoing by D”, In Jordan the administration of abnormally high quantities of the drug that Beaumont from Dalloway. UniCramNotes is the leading online resource for Law students in Australia. Car accident. Poison mother’s drink but dies of heart attack. White [1910] Summary - Criminal law - impossibility ... Summary - Criminal law- causation 15. ⇒ For instance, if a defendant stabbed the victim on the toe and the victim, in pain, decided to stab himself in the chest because he would rather die than put up with the pain this would break the chain of causation. In Cheshire the tracheotomy was the dose and treatment was ‘palpably wrong’). Although outside the scope of the present paper, it is noteworthy that French criminal law recognises precisely such a ‘false’ doctrine (la théorie de l’équivalence des conditions). The tort law causation module contains two chapters: causation, and intervening ants and remoteness. ⇒ Usually it is easy to established whether the defendant has caused the harm/damage. Law Application Masterclass - ONLY £9.99. Kid run in front of cart and would have died anyway even if driving carefully. Some of you will be able to identify a contrasting case to illustrate the limits of the issues affecting the chain of causation. exam notes set out answers as follows 1. state the issue to be explored 2. state the relevant law and their elements 3. relevant cases 4. apply the law 5. come to a conclusion • focus on most serious offences • first part is on non fatal, non sexual, fatal, sexual offences • second part … 2. ... Got to lecture outline on causation in criminal law . This involves showing that the chain of events linking the defendant’s conduct and the consequences remains unbroken. CRIMINAL LAW NOTES. As in tort law, causation has two components: actual cause and proximate cause. Insignificant: No legal causation, Jordan (1956) The Rationale underpinning Causation The doctrine of causation as we understand it is applied by the courts to determine the existence of a link or causal chain between the defendant’s conduct and a particular result prohibited by law. D stabs V. 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