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2. What is legal causation?

  • The defendant must be the cause in law of the consequence. R v Smith established the operating and substantial cause test.
  • The defendant must be 'in fact' the cause of the consequence. R v White established the 'but for' test.
  • The defendant must be the cause in law of the consequence. R v White established the operating and substantial cause test.
  • The defendant must be 'in fact' the cause of the consequence. R v Smith established the 'but for' test.

3. What is a novus actus interviens?

  • An interviening act that breaks the chain of causation, such as act of 3rd party, victims own actions and natural but unpredictable event.
  • An intervening act that makes the chain of causation, such as act of 3rd party, victims own act and natural but predictable event.
  • Leave the victim as you find them - R v Blaue.
  • The D can not be guilty for failing to act - Miller.

4. What is the general rule of omissions?

  • A person CANNOT be guilty of an offence if they fail to act - Stephen's Digest of the Criminal Law (3rd Ed. 1887)
  • A person CAN be guilty of an offence if they fail to act - Stone v Dobinson

5. What is factual causation?

  • The defendant must be the cause in law of the consequence. R v Smith established the operating and substantial cause test.
  • The defendant must be 'in fact' the cause of the consequence. R v White established the 'but for' test.
  • The defendant must be the cause in law of the consequence. R v White established the operating and substantial cause test.
  • The defendant must be 'in fact' the cause of the consequence. R v Smith established the 'but for' test.

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