Causation

For the cases I've included, I've put in some pictures to explain the case rather than write a huge description on each. If you want to find out information about the cases, please refer to my revision notes entitled 'Principles of Criminal Liability Cases' :) Click HERE to be linked straight to them. (They'll pop up in a new window!)

Please feel free to ask me any questions you may have!
Also, if you find any mistakes, or have any ideas as to how I can improve this, please let me know!

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CAUSATION
The defendant must cause
the harm to the victim

In order to prove that the defendant's actions resulted in the
crime, the prosecution must prove the two elements of
causation.


They have to prove a link between the actions of the
defendant and the consequence. This is called the…

Page 2

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TYPES OF CAUSATION
FACTUAL

Based on the facts of the case, did the defendant's action
cause the harm?
This is known as the sine qua non test (or `but for' test)
"But for the defendant's actions, would the victim
have suffered the harm?" If no = the defendant is not…

Page 3

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If there is a novus actus interveniens the defendant will not be
liable for the outcome.

According to the court, there are three things which may break
the chain of causation


UNREASONABLE ACTIONS OF THE VICTIM

These will break the chain only if they are so unreasonable as to
be…

Page 4

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R v Jordan




R v Smith




R v Cheshire




SWITCHING OFF A LIFE SUPPORT MACHINE

Page 5

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R v Malcherek & Steel




PREEXISTING BELIEFS

R v Blaue




PREEXISTING MEDICAL CONDITION

R v Hayward

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