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Causation

Causation is where it must be proven that the D's actions were the direct cause of the actual harm to
the V e.g. did the slap cause the bruise? Legal and Factual causation must be proven and there must
be no intervening acts to break the chain of causation…

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Omissions
Generally under English law, there is no `Good Samaritan' rule, however an omission can form the A/R
of an offence where the D is under a duty. There are 6 duties under which an omission to act can form
the A/R of an offence.
1) If the D has…

Page 3

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Duty of care
Duty of care was first established in Donoghue v Stevenson as `you must avoid acts or omissions
which you can reasonably foresee will harm or injure your neighbour'. This was established in Caparo
v Dickman into a 3 part test and all 3 parts must be satisfied…

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Res Ipsa Loquitur.
Normally in tort law, the burden of proof is placed on the claimant to prove that on the balance of
probabilities, the D was more likely than not to have been in breach of his duty of care. However in
some cases this is not possible if,…

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Triable either way

D will be brought before the magistrates for their first court appearance. They will be given a free
duty solicitor to advise them on their plea. If they plead guilty, they will be sentenced in the
Magistrate's Court at a later date. If they plead guilty, the…

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Bail.

Bail can be granted by the police; they are released from police custody and must return to court on
a set date. They may set conditions on this bail such as the D must surrender their passport or turn up
at the police station at regular intervals. If they…

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under £5000 or £1000 for personal injury, fast track if it is under £25000 or multitrack if she's
claiming for over £25000



Assault or battery S.39 Criminal Justice Assault- to cause fear Intention (Mohan) or
Act 1988 of immediate Recklessness
personal violence (Cunningham) as to
(Smith v Chief the A/R…

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