Causation
- Created by: Unknown26
- Created on: 27-03-13 20:15
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- Causation
- In criminal cases, the defendant must be both the factual and legal cause of the consequence.
- Factual Causation
- Proved by the 'but for' test, but for the defendants actions, the consequences would not have occurred.
- Pagett and White .
- Proved by the 'but for' test, but for the defendants actions, the consequences would not have occurred.
- Legal Causation.
- Legal cause of the consequence has 3 tests:
- Significant contribution.
- Is when the defendant will be liable if his actions were more than a minimal cause; Smith.
- Thin skull rule.
- A defendant cannot escape liability if they commit an offence against a person who is susceptible to injury; Blaue.
- Intervening acts.
- There should be no intervening acts to break the chain of causation.
- Victim can break the chain of causation if there response is out of proportion to any threat; Williams.
- A third party can also break the chain of causation if they introduce a new foreseeable and overwhelming act; Jordan.
- There should be no intervening acts to break the chain of causation.
- Significant contribution.
- Legal cause of the consequence has 3 tests:
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