Law AS Unit 2- Causation
- Created by: Bendean3
- Created on: 07-04-15 15:09
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Causation
- When D is charged with a result offence such as Murder or Criminal damage.
- Prosecution must prove that D's conduct Caused the prohibited consequence:
- There must be a Chain of Causation between D's conduct and the prohibited consequence.
- You need to consider where evidence shows that there are 2 or more possible causes of the prohibited consequence:
- But P must prove that it was D's conduct that cause the prohibited consequence:
- in fact
- and in law
Causation in Fact
- Would the prohibited consequence have occured but for D's conduct? - if the answer is no, factual causation is established.
- The But…
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