2), the Court of Appeal found that the jury could have validly convicted the appellant of manslaughter if they were satisfied that, when the syringe was handed to the victim for the purposes of ‘immediate injection’ (at [51]), the appellant and the victim were both engaged in the activity of administering the heroin. Causation is essentially the casual relationship between conduct and result and is an important aspect of the actus reus of an offence. MyPerfectWords.com is renowned as the global source for professional paper writing services at all academic levels. There have been inconsistency and different confusing views as regards the principles of causation. Ormerod asserted that it was a most welcome conclusion and was obvious to all commentators. [2] Causation could be proved either through factual or legal causation. [24] He was sentenced to five and two years’ imprisonments on the first and second counts respectively to run simultaneously. According to the evidence of C, B told the appellant that he wanted ‘a bit to make him sleep’. About the Author Samantha Love read Law at Merton College, Oxford, and is currently following the BCL course. In Pagett, Goff LJ [8] asserted that ‘it is left for ‘the judge to direct… in simple terms, in accordance with the legal principles which they have to apply. Looking for a flexible role? “Causation” in Criminal Law is concerned with whether the defendant’s conduct contributed sufficiently to the prohibited consequence to justify the criminal liability, which would be assessed from two aspects, namely “factual” and “legal” causation. Copyright © 2003 - 2020 - LawTeacher is a trading name of All Answers Ltd, a company registered in England and Wales. Williams, R asserted that the position in criminal law before Finlay was simple in the sense that if the defendant had directly caused the offensive result, he would be guilty as a principle 40 Under the doctrine of joint enterprise, the principles of causations cannot be relied on due to a number of unfortunate reasons which was explained by Virgo G [ 41 ] 42 In the case of R v Kennedy No2 [7] , it was held that the defendant’s contribution need only be significant, it need not be substantial. This book is about the role causation plays in the attribution of both moral responsibility and legal liability (in the law of crimes, torts, and to a lesser extent, contracts). In Kennedy (No. The victim injected himself and returned the empty syringe to the appellant, who then left the room. Any opinions, findings, conclusions, or recommendations expressed in this material are those of the authors and do not reflect the views of LawTeacher.net. The notion of causation is an important one for law and ethics. The most serious offence that Marion could be charged with is the murder of Spike and Toby. App. The conventional wisdom about the causation requirement in bothcriminal law and torts is that it in reality consists of two verydifferent requirements for liability. Causation and Responsibility in Criminal Law: Excuses that Work and Those that Don't. 3.1.1 Causation - Introduction Welcome to the first lesson of the third topic in this module guide - Causation! An objective test as shown in R v Roberts [5] is adopted in establishing reasonably foreseeable events and it is not necessary to attribute characteristics [6] of the defendant to the reasonable person. causation, which is that people should be accountable for the consequences. Registered office: Venture House, Cross Street, Arnold, Nottingham, Nottinghamshire, NG5 7PJ. To ensure original writing, all papers are run on software and clients are provided with a report on request. The first element to be satisfied is the actus reus and causation. Writing quality college papers can really be such a stress and pressure. The chain of causation can be broken by a novus actus interveniens [9] . Top of Form Bottom of Form THE UNIVERSITY OF TECHNOLOGY, JAMAICA THE FACULTY OF LAW CRIMINAL LAW I CAUSATION _____ INTRODUCTION Where the actus reus of a crime includes specific consequences e.g. In Kennedy No2, the appellant was convicted of manslaughter and supplying a class A drug (heroin) which is contrary to s.4 (1) of the Misuse of Drugs Acts 1971. Thirlaway and James asserted that the Court of Appeal in Kennedy (No. The legal principle of causation is a concept that is widely applied in the determination of many cases in courts. Reference this, Generally, causation can be said to be a difficult area of law. Do you have a 2:1 degree or higher? Whether someone actually caused, risked causing, intentionally caused, or negligently caused harm to others makes a significant difference to the agent’s guilt and desert of punishment. Where the result is attributable to a novus actus, D is relieved of the liability for that result and his conduct is no longer seen as a significant and operating cause. In short, where the defendant appreciated that a consequence of his voluntary act was virtually certain, the jury would be entitled to find that he did intend that consequence even if he did not desire or wish it to occur. Tort Essay Causation Law. The decision is one for the jury to be reached upon a consideration of all the evidence.”. Free resources to assist you with your legal studies! The convictions arose out of the death of the Victim, B, who died as a result of ‘inhalation of gastric contents while acutely intoxicated by opiates and alcohol’ (at [3]). The appellant was given leave to appeal but his first and second appeals were dismissed. Ormerod and Forston describe the court’s approach as a ‘controversial … unworkable approach to liability based on D’s “joint participation”, criticizing not only the interpretation of the words ‘any other person’ under s. 23 but also the reasoning behind the concepts of joint liability. [44], Reed was of the view that ‘consistency and legal principle does not permit us to create an exception to the general principles of causation to take care of the particular problem thrown by the case’. In criminal law there appears to be a general rule that the chain of causation will only be broken by an event which is not reasonably foreseeable. Criminal Responsibility and Causation There are many ways that causation is implicated in criminal cases. The appellant admitted he had started the fire but he stated that he had not wanted anyone to die. The House of Lords concurred with the judgments in R v Dalby [30] and R v Dias [31] that the chain of causation could be broken by the voluntary and informed decision of the person injecting himself. It would surely be impractical for two people to depress the plunger simultaneously. It is high time for the House of Lords to enter the vanguard to point us in the right direction. Essay Help adopts zero Essay On Causation Criminal Law plagiarism policy. VAT Registration No: 842417633. In this section, we will look at cause-in-fact and legal causation and how they are both traditionally understood.Legal causation involves the use of legal principles to attribute responsibility to the factual causes of an injury and it is particularly helpful in resolving more complex types of cases. an intervening factor. [33]. Factual causation can be established through the ‘but for’ test [5], When establishing legal causation, the accused need not be the sole or even the main cause of the harm or victim’s death but it must be a significant cause of the result [6]. Simester and Sullivian explained in their book that a ‘novus actus’ is an action or an event which ‘intervenes’ to ‘break the causal chain’ leading from D to the eventual harm”. [23]. Causation is established on the balance of probabilities, using the ‘but for’ test. In R v Nedrick [15] , the English Court of Appeal further explained this example as follows: “The man who knowingly boards the Manchester aircraft wants to go there in the sense that boarding it is a voluntary act. Causation in Criminal Liability and Reforms Essay Firstly, the causation in criminal liability implies the understanding of whether the defendant could be considered as a cause of … In R v Woollin [16] , the House of Lords in the judgment delivered by Lord Steyn approved this direction except that the word “find” should be substituted for the word “infer” for clarity. Causation in criminal liability is divided into factual causation and legal causation. Disclaimer: This work has been submitted by a law student. You should not treat any information in this essay as being authoritative. This essay was produced by one of our professional writers as a learning aid to help you with your studies. Following the general principle in Latif, the bandit’s act should have broken the chain of causation but it didn’t. In circumstances where there are no complicating factors, factual causation will be sufficient to establish causation but where there are complicating factors, legal causation will be needed to establish causation. The book strips away many of the usages of the word ‘causation’ in law and legal theory, on the grounds that such usages have little to do with causation … This approach has been repeatedly adopted and approved by the appellate courts in a diverse range of circumstances like Pagett and Latif [35] . [36], Lord Bingham clarified that the decision in Empress Car Co [37] is restricted to cases of pollution or environmental crimes: “it does not lay down any general rules governing causation in criminal law”, The Court of Appeal accepted that in Dias that the principal act of self-injection is not a crime and thus there can be no form of accessory liability for it. 16th Aug 2019 criminal Criminal law CASE LAW Preview text CRIMINAL LAW The Elements of a Crime CAUSATION If the definition of an offence specifies a particular consequence, it is a “result crime” and the prosecution must prove, in order to establish the actus reus, that the defendant caused that consequence. The case of Kennedy No2 was seen to be the leading case with regards to the causation principles in cases of supply drugs where the dealer supplies drug and after voluntary self injection by the victims, they die. Factual causation requires proof that the defendant’s conduct was a necessary condition of the consequence, established by proving that the consequence would not have occurred but for the defendant’s conduct. The emphasis placed by the Criminal law on the need for a free and deliberate intervention of a third party unconnected to the defendant’s conduct to introduce a novus actus interveniens was affirmed by the House Lords in the case of Kennedy 2008. It means that “but for” the negligent act or No Homework In Germany omission of the defendant, the plaintiff would not have been harmed. The general rule in English law , is thatthere must be a direct link between the behavior of the defendant and the person who was harmed by the defendant. 44 are worth noting: “It follows that the Nedrick and Woollin test has in principle general applicability to all offences of specific intent, though it may well be that it will be relatively few cases where the test is of any practical benefit.  Those cases will mostly arise where the offence charged was not the primary purpose of the defendant.”. To export a reference to this article please select a referencing stye below: If you are the original writer of this essay and no longer wish to have your work published on LawTeacher.net then please: Our academic writing and marking services can help you! Any opinions, findings, conclusions, or recommendations expressed in this material are those of the authors and do not reflect the views of LawTeacher.net. Different academic writers have also commented on this view. Norrie was of the view that what might be apposite for breaking the chain of causation in such case which is necessary in order to distinguish the religious from the spiteful victim was not provided by the law commission. The factual causation was established as: If the accused had not fired first, the police officers would not have fired their weapons, and then the hostage would not have died. The book first sets out the place of causation in criminal and tort law and outlines the metaphysics presupposed by the legal doctrine. In the context of drug administration cases; the courts have released their grip on this seemingly settled principle. Registered Data Controller No: Z1821391. Naturally occurring events and reasonably foreseeable events are not generally treated as breaking the chain of causation because of its predictable effect. *You can also browse our support articles here >. Where the actus reus of a crime includes specific consequences e. g. the crime of Murder – the consequence being death, it must be shown that the Defendant caused the victim’s death (although the defendant’s act need not be the sole or the main cause of death). You are free to use it for research and reference purposes in order to write your own paper; however, you must cite it accordingly . In R v Dias, the Court of Appeal asserted that the victim acting fully informed and deliberate would not break the chain of causation while in Kennedy No2, the house of lords ruled that D is not guilty of UAM in cases where V injects himself with the drug and was fully informed and responsible adult and therefore would break the chain of causation. For this freedom to be meaningful, people must have the right to make choices that accord with their own values regardless of how unwise or foolish those choices may appear to others.”[2] R v Blaue[3], a famous causation case in criminal law, brings to foreground a thought-provoking debate about whether an individual’s religious beliefs and other psychological values could be included in the ‘thin skull’ rule … However, as illustrated in R v White [2] where the accused by putting cyanide in his mother’s drink was not liable for murder on her death, if the prosecution fails to prove that the defendant’s conduct was a factual cause of the prohibited consequence, then the accused cannot be liable for an offence on that consequence, although he may be still liable for an attempted offence, say attempted murder in R v White. Legal Causation. Company Registration No: 4964706. Williams asserted that what a person does is his own responsibility and is not regarded as having been caused by other people. In R v Nedrick, the appellant was convicted of murder after he poured paraffin through the letter box at the house of a woman to whom he had earlier made the threat to “burn her out”. Perhaps my favourite phrase to get me to study is “the harder you work, the luckier you get.” reasons of morality, common sense o r otherwise.”. Reference this. [49]. ( ) Courses, modules, and textbooks for your search: Press Enter to view all search results ( ) When he decides to board the aircraft, if not before, he forms the intention to travel to Manchester.”. [10]. The appellant had told the victim to take care that he did not go to sleep permanently. It should be noted that not every intervening factor amounts to a novus actus interveniens which is ‘voluntary’ [4] and independent thus breaking the chain of causation. The approach to causation may be based on the specific unlawful act used at the trial, in R v Kennedy (No 2), R v Carey [20] and R v Dhaliwal [21] , there appears to be an exact incongruous application of causation all of which involved an unlawful act so less important in nature. In R v Moloney [14] , Lord Bridge gave an illustration of the distinction: “A man who, at London Airport, boards a plane which he knows to be bound for Manchester, clearly intends to travel to Manchester, even though Manchester is the last place he wants to be and his motive for boarding the plane is simply to escape pursuit.”. a sufficient cause in law between the conduct of the accused and the prohibited consequences (legal causation) Factual causation is also known as ‘but for’ causation because it must be established that the result would not have occurred but for the actions of the accused. The first requirement is that of“cause in fact”. Do you have a 2:1 degree or higher? So the refusal of your victim to treatment would not relieve you of liability in the thin skull rule. [26], Having analyzed and found unquestionable the elements of the s. 23 [27] and manslaughter offences, the House of Lords in Kennedy No2 went on to consider principles of causation in depth and agreed (at [14]) that the ‘free, deliberate and informed intervention of a second person, who intends to exploit the situation created by the first, but is not acting in concert with him, is normally held to relieve the first actor of criminal responsibility [28]. Free resources to assist you with your legal studies! In finding this, it was inevitable that there was a joint unlawful act contrary to s. 23 which had, in fact and in law, caused the deceased’s death. The notion ‘take your victim as you find him or her’ is illustrated in R v Blaue [8] where the defendant was liable for the death of the victim after a blood transfusion. Legal causation requires proof that the defendant’s conduct was sufficiently connected to its occurrence. [3] It could be merely established if the defendant’s conduct was an operating and substantial (not trivial) conduct, but not necessarily the only cause of the consequence when there are two or more legal causes of the same consequence. If factual causation cannot be established the prosecution will fail. In order for one to be criminally liable for harm to another, i t must be proved beyond. [15] Lawton L. J held that “it does not lie in the mouth of the assailant to say that the victim’s religious beliefs which prevented him from accepting certain types of treatment were unreasonable” [16] . Disclaimer: This work has been submitted by a law student. [43] Hughes was of the view that only one person can inject the drugs, so how then can a drug be jointly administered? Criminal Law Causation criminal law essay for top dissertation writing services. For example in the cases where the victim refused medical treatment based on religious beliefs [11] or pre existing medical, mental or physiological conditions as seen in the cases of Hayward, [12] Jordan, [13] smith [14] and Blaue. Contract Law Confusion reigns supreme”. Rogers was of the view that the law needs clarification and amendment. As a result, it was held that the case of R v Rogers [32] had been wrongly decided. Critically analyze the above statement. The application of the law in these cases is incoherent and from Kennedy (No1) to Kennedy (No2) we have heard four different justifications all completely flawed. This essay on The Major Theories of Crime Causation was written and submitted by your fellow student. [22], Thirlaway and James were of the view that the decision in Kennedy No2 did not attract a great deal of the academic support. Therefore murder comprises of two elements, these are 1) the act (actus reus) and 2) the intention (mens rea). You can view samples of our professional work here. Essay writing Causation Criminal Law Ess service to the rescue. Analyzing the previous case law briefly, the House of Lords were of the view that Cato [29] could be distinguished from Kennedy No1 on its facts as the Injection had been administered by the defendant. VAT Registration No: 842417633. Topics: Causation, Common Law, Crime, Criminal Law, Ethical Principles, Jurisprudence, Mens Rea Texas Supreme Court Cases Research When the supreme court makes a decision on a controversial court case, a long line of ramifications are going to follow no matter what political landscape an individual is in. Take a look at some weird laws from around the world! Working in the essay writing business we understand how challenging it may be for students to write high quality essays. For a successful claim in negligence, it must be possible to show that a defendant’s conduct in fact caused the damage that the claimant suffered. This is not an example of the work produced by our Law Essay Writing Service. Factual causation … Registered Data Controller No: Z1821391. This document is an essay plan for the topic of causation in Criminal Law. Where the defendant is still a significant and operating cause at the time of the victim’s death, then it is irrelevant that there are other causes too also operating and this was the view in Blaue, Smith and Dear (1996) [17] . To export a reference to this article please select a referencing stye below: If you are the original writer of this essay and no longer wish to have your work published on LawTeacher.net then please: Our academic writing and marking services can help you! And it was affirmed in many cases that a victim’s failure to seek or follow medical treatment or advice, even ‘unreasonable’ [9] , will not be treated as a novus actus interveniens. [10] Furthermore, improper or negligent medical treatment, necessitated as a result of the defendant’s infliction of injuries upon the victim, will not break the chain of causation as well. [11]. Chapter Three - Causation in the Criminal Law Chapter three allowed me to discover many new concepts including the legal definition of death, the difference between factual and legal causation, the difference between active and passive euthanasia, what assisted suicide is, and that there can be more than one cause of death. In applying this approach, the problem of what appeared to be a novus actus interveniens in the chain of causation was avoided. [50] Also the Court of Appeal in R v Evans [51] has now ruled that the supplier may instead be guilty of gross negligence manslaughter if he finds out that his victim has become seriously ill but does nothing to save him. According to the Court of Appeal in Pagett [3] and Cheshire [4] the issue of factual causation is mainly one for the jury once it has been determined by the courts that there is enough evidence to be left to them. *You can also browse our support articles here >. [52], In summary, I would concur with Reed on the issue of UAM that the laws relating to UAM is in total mess and has been approached in a confused manner and he asserted that “the recent decisions in Kennedy and Dias are palpably inconsistent over the issues of causation, voluntariness and assistance in drug-abuse injection. 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