In R v Dias, the Court of Appeal asserted that the victim acting fully informed and deliberate would not break the chain of causation while in Kennedy No2, the house of lords ruled that D is not guilty of UAM in cases where V injects himself with the drug and was fully informed and responsible adult and therefore would break the chain of causation. For example in the cases where the victim refused medical treatment based on religious beliefs [11] or pre existing medical, mental or physiological conditions as seen in the cases of Hayward, [12] Jordan, [13] smith [14] and Blaue. Legal Causation. Essay on Causation Q. In finding this, it was inevitable that there was a joint unlawful act contrary to s. 23 which had, in fact and in law, caused the deceased’s death. [43] Hughes was of the view that only one person can inject the drugs, so how then can a drug be jointly administered? This is not an example of the work produced by our Law Essay Writing Service. Do you have a 2:1 degree or higher? VAT Registration No: 842417633. Causation in Criminal Liability and Reforms Essay Firstly, the causation in criminal liability implies the understanding of whether the defendant could be considered as a cause of … Registered office: Venture House, Cross Street, Arnold, Nottingham, Nottinghamshire, NG5 7PJ. Top of Form Bottom of Form THE UNIVERSITY OF TECHNOLOGY, JAMAICA THE FACULTY OF LAW CRIMINAL LAW I CAUSATION _____ INTRODUCTION Where the actus reus of a crime includes specific consequences e.g. causation, which is that people should be accountable for the consequences. [19]. Different academic writers have also commented on this view. In R v Woollin [16] , the House of Lords in the judgment delivered by Lord Steyn approved this direction except that the word “find” should be substituted for the word “infer” for clarity. Criminal Law App. “Causation” in Criminal Law is concerned with whether the defendant’s conduct contributed sufficiently to the prohibited consequence to justify the criminal liability, which would be assessed from two aspects, namely “factual” and “legal” causation. So the refusal of your victim to treatment would not relieve you of liability in the thin skull rule. 7. Where the defendant is still a significant and operating cause at the time of the victim’s death, then it is irrelevant that there are other causes too also operating and this was the view in Blaue, Smith and Dear (1996) [17] . The emphasis placed by the Criminal law on the need for a free and deliberate intervention of a third party unconnected to the defendant’s conduct to introduce a novus actus interveniens was affirmed by the House Lords in the case of Kennedy 2008. Perhaps my favourite phrase to get me to study is “the harder you work, the luckier you get.” This approach has been repeatedly adopted and approved by the appellate courts in a diverse range of circumstances like Pagett and Latif [35] . There have been inconsistency and different confusing views as regards the principles of causation. An objective test as shown in R v Roberts [5] is adopted in establishing reasonably foreseeable events and it is not necessary to attribute characteristics [6] of the defendant to the reasonable person. According to the evidence of C, B told the appellant that he wanted ‘a bit to make him sleep’. For a successful claim in negligence, it must be possible to show that a defendant’s conduct in fact caused the damage that the claimant suffered. Legal causation requires proof that the defendant’s conduct was sufficiently connected to its occurrence. [3] It could be merely established if the defendant’s conduct was an operating and substantial (not trivial) conduct, but not necessarily the only cause of the consequence when there are two or more legal causes of the same consequence. Tort Essay Causation Law. There has not been a unanimous decision on the issue of causation. This essay on The Major Theories of Crime Causation was written and submitted by your fellow student. When he decides to board the aircraft, if not before, he forms the intention to travel to Manchester.”. In criminal law there appears to be a general rule that the chain of causation will only be broken by an event which is not reasonably foreseeable. The Court of Appeal’s remarks in SFC v Zou Yishang at para. In Kennedy (No. To export a reference to this article please select a referencing stye below: If you are the original writer of this essay and no longer wish to have your work published on LawTeacher.net then please: Our academic writing and marking services can help you! Causation is essentially the casual relationship between conduct and result and is an important aspect of the actus reus of an offence. If factual causation cannot be established the prosecution will fail. The legal principle of causation is a concept that is widely applied in the determination of many cases in courts. Registered Data Controller No: Z1821391. The English Court of Appeal held that the trial judge’s direction to the jury that if the appellant knew “it was highly probable that the act would result in serious bodily injury to somebody inside the house, even though he did not desire it …… he is guilty of murder” was wrong as that equated foresight with intent because, citing R v Moloney, “foresight of consequences, as an element bearing on the issue of intention in murder … belongs, not to the substantive law, but to the law of evidence”. Simester and Sullivian explained in their book that a ‘novus actus’ is an action or an event which ‘intervenes’ to ‘break the causal chain’ leading from D to the eventual harm”. [44], Reed was of the view that ‘consistency and legal principle does not permit us to create an exception to the general principles of causation to take care of the particular problem thrown by the case’. [33]. 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