Subjects

Subjects

More

What Happens in Crime Law: Cool Examples and Rules

Open

11

0

user profile picture

Demetra

02/04/2023

Law

Actus Reus 3 - Causation

What Happens in Crime Law: Cool Examples and Rules

Legal causation in criminal law is a complex concept that determines whether a defendant's actions are legally responsible for a particular outcome. This summary explores key aspects of causation, including factual and legal causation, the thin skull rule, and intervening acts.

  • Causation in criminal law requires proving both factual and legal cause
  • The "but for" test is used to establish factual causation
  • Legal causation considers whether the defendant's actions were more than minimal in causing the outcome
  • The thin skull rule holds defendants liable for unexpected consequences due to a victim's unique characteristics
  • Intervening acts can potentially break the chain of causation in some cases
...

02/04/2023

319

CAUSATION:
The prosecution must show that:
●
Actus Reus 3
The defendant's actions were the factual cause of the consequence.
It was the 'leg

View

Intervening Acts and Chain of Causation

This page discusses intervening acts and their potential to break the chain of causation in criminal law.

Intervening acts, also known as novus actus interveniens, can potentially break the chain of causation between a defendant's actions and the resulting consequence. For a defendant to be found guilty, there must be an unbroken link between their act and the outcome.

Intervening acts that may break the chain of causation include:

  1. Acts by a third party
  2. The victim's own actions
  3. Natural but unpredictable events
  4. Medical intervention

Example: In R v Jordan (1956), a stabbing victim died due to an allergic reaction to antibiotics administered by a doctor. The court held that the doctor's actions were an intervening act that broke the chain of causation, and the defendant was not guilty of murder.

However, not all subsequent events will break the chain of causation. In R v Smith (1959), poor medical treatment that likely affected the victim's chances of survival by 75% did not absolve the original attacker of guilt for murder.

Highlight: The thin skull rule legal liability principle can extend to pre-existing medical conditions, as seen in R v Cheshire (1991), where the defendant was held liable for the victim's death from complications arising from treatment of the original injury.

When considering a victim's own acts, if the defendant causes the victim to react in a foreseeable way, any resulting injury will still be attributed to the defendant.

Example: In R v Roberts (1972), a girl jumped from a moving car to escape sexual advances. The defendant was held liable for her injuries as her reaction was considered foreseeable.

CAUSATION:
The prosecution must show that:
●
Actus Reus 3
The defendant's actions were the factual cause of the consequence.
It was the 'leg

View

Intervening Acts and Victim's Reactions

This page explores further aspects of intervening acts, focusing on the victim's reactions and their impact on causation.

The victim's own actions can sometimes break the chain of causation, particularly if they have a clear choice in their actions.

Example: In R v Kennedy (2007), the defendant supplied drugs to a friend who then chose to inject them and subsequently died. The court held that the victim's decision to self-administer the drug broke the chain of causation, and the defendant was not held liable for the death.

However, if the victim's reaction is foreseeable, it generally will not break the chain of causation. The key factor is whether the defendant's actions caused the victim to react in a way that could be reasonably anticipated.

Highlight: Foreseeability plays a crucial role in determining whether a victim's actions break the chain of causation.

On the other hand, if the victim's reaction is deemed unreasonable or unforeseeable, it may break the chain of causation and absolve the defendant of liability for the resulting consequences.

Example: In R v Williams (1992), a victim jumped from the defendant's car and died from head injuries. The circumstances of this case suggest that the victim's reaction might have been considered unforeseeable, potentially breaking the chain of causation.

Understanding these nuances is crucial in determining whether intervening acts breaking chain of causation apply in specific cases. The courts must carefully consider the circumstances, foreseeability, and reasonableness of reactions when deciding if the chain of causation has been broken.

Can't find what you're looking for? Explore other subjects.

Knowunity is the #1 education app in five European countries

Knowunity has been named a featured story on Apple and has regularly topped the app store charts in the education category in Germany, Italy, Poland, Switzerland, and the United Kingdom. Join Knowunity today and help millions of students around the world.

Ranked #1 Education App

Download in

Google Play

Download in

App Store

Knowunity is the #1 education app in five European countries

4.9+

Average app rating

17 M

Pupils love Knowunity

#1

In education app charts in 17 countries

950 K+

Students have uploaded notes

Still not convinced? See what other students are saying...

iOS User

I love this app so much, I also use it daily. I recommend Knowunity to everyone!!! I went from a D to an A with it :D

Philip, iOS User

The app is very simple and well designed. So far I have always found everything I was looking for :D

Lena, iOS user

I love this app ❤️ I actually use it every time I study.

What Happens in Crime Law: Cool Examples and Rules

user profile picture

Demetra

@demetra_21

·

457 Followers

Follow

Legal causation in criminal law is a complex concept that determines whether a defendant's actions are legally responsible for a particular outcome. This summary explores key aspects of causation, including factual and legal causation, the thin skull rule, and intervening acts.

  • Causation in criminal law requires proving both factual and legal cause
  • The "but for" test is used to establish factual causation
  • Legal causation considers whether the defendant's actions were more than minimal in causing the outcome
  • The thin skull rule holds defendants liable for unexpected consequences due to a victim's unique characteristics
  • Intervening acts can potentially break the chain of causation in some cases
...

02/04/2023

319

 

12/13

 

Law

11

CAUSATION:
The prosecution must show that:
●
Actus Reus 3
The defendant's actions were the factual cause of the consequence.
It was the 'leg

Sign up to see the content. It's free!

Access to all documents

Improve your grades

Join milions of students

By signing up you accept Terms of Service and Privacy Policy

Intervening Acts and Chain of Causation

This page discusses intervening acts and their potential to break the chain of causation in criminal law.

Intervening acts, also known as novus actus interveniens, can potentially break the chain of causation between a defendant's actions and the resulting consequence. For a defendant to be found guilty, there must be an unbroken link between their act and the outcome.

Intervening acts that may break the chain of causation include:

  1. Acts by a third party
  2. The victim's own actions
  3. Natural but unpredictable events
  4. Medical intervention

Example: In R v Jordan (1956), a stabbing victim died due to an allergic reaction to antibiotics administered by a doctor. The court held that the doctor's actions were an intervening act that broke the chain of causation, and the defendant was not guilty of murder.

However, not all subsequent events will break the chain of causation. In R v Smith (1959), poor medical treatment that likely affected the victim's chances of survival by 75% did not absolve the original attacker of guilt for murder.

Highlight: The thin skull rule legal liability principle can extend to pre-existing medical conditions, as seen in R v Cheshire (1991), where the defendant was held liable for the victim's death from complications arising from treatment of the original injury.

When considering a victim's own acts, if the defendant causes the victim to react in a foreseeable way, any resulting injury will still be attributed to the defendant.

Example: In R v Roberts (1972), a girl jumped from a moving car to escape sexual advances. The defendant was held liable for her injuries as her reaction was considered foreseeable.

CAUSATION:
The prosecution must show that:
●
Actus Reus 3
The defendant's actions were the factual cause of the consequence.
It was the 'leg

Sign up to see the content. It's free!

Access to all documents

Improve your grades

Join milions of students

By signing up you accept Terms of Service and Privacy Policy

Intervening Acts and Victim's Reactions

This page explores further aspects of intervening acts, focusing on the victim's reactions and their impact on causation.

The victim's own actions can sometimes break the chain of causation, particularly if they have a clear choice in their actions.

Example: In R v Kennedy (2007), the defendant supplied drugs to a friend who then chose to inject them and subsequently died. The court held that the victim's decision to self-administer the drug broke the chain of causation, and the defendant was not held liable for the death.

However, if the victim's reaction is foreseeable, it generally will not break the chain of causation. The key factor is whether the defendant's actions caused the victim to react in a way that could be reasonably anticipated.

Highlight: Foreseeability plays a crucial role in determining whether a victim's actions break the chain of causation.

On the other hand, if the victim's reaction is deemed unreasonable or unforeseeable, it may break the chain of causation and absolve the defendant of liability for the resulting consequences.

Example: In R v Williams (1992), a victim jumped from the defendant's car and died from head injuries. The circumstances of this case suggest that the victim's reaction might have been considered unforeseeable, potentially breaking the chain of causation.

Understanding these nuances is crucial in determining whether intervening acts breaking chain of causation apply in specific cases. The courts must carefully consider the circumstances, foreseeability, and reasonableness of reactions when deciding if the chain of causation has been broken.

CAUSATION:
The prosecution must show that:
●
Actus Reus 3
The defendant's actions were the factual cause of the consequence.
It was the 'leg

Sign up to see the content. It's free!

Access to all documents

Improve your grades

Join milions of students

By signing up you accept Terms of Service and Privacy Policy

Causation in Criminal Law

This page introduces the concept of causation in criminal law and its key components.

To establish causation, the prosecution must prove that the defendant's actions were both the factual and legal cause of the consequence. Additionally, there must be no intervening act that breaks the chain of causation.

Factual causation is determined using the "but for" test. This means the consequence would not have occurred if not for the defendant's conduct.

Example: In the case of White (1910), the defendant poisoned his mother's drink, but she died of a heart attack instead. He was convicted of attempted murder rather than murder since her death would have occurred regardless of his actions.

Legal causation requires that the defendant's conduct was more than a minimal cause of the consequence, though it need not be the only cause.

Example: In R v Kimsey (1996), the defendant was involved in a high-speed car chase that resulted in a fatal crash. The conviction was upheld even though it wasn't clear what happened immediately before the loss of control.

The "thin skull rule" is an important principle in legal causation in criminal law example cases. This rule states that defendants must take their victims as they find them, meaning they are liable for more serious injuries caused by a victim's unique physical or mental condition.

Highlight: The thin skull rule holds defendants responsible for unexpected consequences due to a victim's particular vulnerabilities.

Can't find what you're looking for? Explore other subjects.

Knowunity is the #1 education app in five European countries

Knowunity has been named a featured story on Apple and has regularly topped the app store charts in the education category in Germany, Italy, Poland, Switzerland, and the United Kingdom. Join Knowunity today and help millions of students around the world.

Ranked #1 Education App

Download in

Google Play

Download in

App Store

Knowunity is the #1 education app in five European countries

4.9+

Average app rating

17 M

Pupils love Knowunity

#1

In education app charts in 17 countries

950 K+

Students have uploaded notes

Still not convinced? See what other students are saying...

iOS User

I love this app so much, I also use it daily. I recommend Knowunity to everyone!!! I went from a D to an A with it :D

Philip, iOS User

The app is very simple and well designed. So far I have always found everything I was looking for :D

Lena, iOS user

I love this app ❤️ I actually use it every time I study.