Causation

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  • Causation
    • Definition
      • Some crimes are known as 'Result Crimes.' To commit the Actus Reus, the defendant's actions must cause a particular result. The prosecution must prove the defendant's conduct caused the result. To do so, they need to establish both Factual and Legal Causation. (Murder - the prosecution must prove that the defendant caused the victims death. If the defendant didn't cause the death, then he is not guilty of murder).
    • Factual Causation
      • 'BUT FOR TEST.' The defendant can only be guilty if the result would not have occurred 'but for' the defendant's act. DE MINIMIS PRINCIPLE - The defendant does not have to be the sole or even main cause of a result as long as they played a significant or more than minimal part. (Rv White (1910).
    • Legal Causation
      • Defendant's act must be the operative and significant cause of the result. The link between the defendant's act and the result is known as the chain of causation and if the defendant is to be found guilty, there must be no break in the chain.
    • Intervening Acts
      • Rv White (1910) - Natural Intervention. Rv Pagrtt (1983) - Intervention by 3rd Party. Rv Blaue (1975) - Take your victim as you find them. Rv Roberts (1971) - Actions of the Victim. Rv Jordan (1956), Rv Smith (1959), Rv Cheshire (1991) - Negligent Medical Treatment.

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