Causation

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  • 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 .
    • 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.

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