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. The book first sets out the place of causation in criminal and tort law and outlines the metaphysics presupposed by the legal doctrine. 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. The basis of its application and operation in criminal law relies on establishing the relationship between the conduct of the accused and the effect that results from the conduct such as injury or … Duty In order to hold a defendant liable for negligence, the defendant must owe a duty of reasonable care to the plaintiff. In R v MoloneyÂ Â , Lord Bridge gave an illustration of the distinction: âA 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.”. Reference this. The first requirement is that of“cause in fact”. Criminal Law 7. Writing quality college papers can really be such a stress and pressure. For example in the cases where the victim refused medical treatment based on religious beliefs  or pre existing medical, mental or physiological conditions as seen in the cases of Hayward,  Jordan,  smith  and Blaue. In order for one to be criminally liable for harm to another, i t must be proved beyond. Causation in criminal liability is divided into factual causation and legal causation. In R v NedrickÂ Â , the English Court of Appeal further explained this example as follows: âThe man who knowingly boards the Manchester aircraft wants to go there in the sense that boarding it is a voluntary act. This formed a mark of separation between Kennedy and Dias , Cherkassy disagreed with the decision in Kennedy No2 on the fact that the act of injection was to break the chain in causation because the injection was made possible by the unlawful act of possession and supply of drugs and the victim administering the drug does not mean the defendant didn’t take part in the administration. Such conventional wisdom holds that the“cause-in-fact” requirement is the only trulycausal component of the … The English Court of Appeal held in R v Nedrick at 270 that: âWhere the charge is murder and in the rare cases where the simple direction is not enough, the jury should be directed that they are not entitled to infer the necessary intention, unless they feel sure that death or serious bodily harm was a virtual certainty (barring some unforeseen intervention) as a result of the defendantâs actions and that the defendant appreciated that such was the case. , 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 applying this approach, the problem of what appeared to be a novus actus interveniens in the chain of causation was avoided. Criminal law – Causation. The Hong Kong Court of Appeal considered these authorities in SFC v Zou YishaÂ Â and held that the evidential principle now expressed inÂ NedrickÂ andÂ WoollinÂ as to a defendantâs intent to bring about a certain result being found from his appreciation of the virtual certainty of his actions bringing about that result, is applicable generally in the common law to all offences of specific intent.Â Â . 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. Reference this, Generally, causation can be said to be a difficult area of law. 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! 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. The most serious offence that Marion could be charged with is the murder of Spike and Toby. Legal causation requires proof that the defendantâs conduct was sufficiently connected to its occurrence.Â Â It could be merely established if the defendantâs 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. Company Registration No: 4964706. You should not treat any information in this essay as being authoritative. 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. 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. It is high time for the House of Lords to enter the vanguard to point us in the right direction. This is not an example of the work produced by our Law Essay Writing Service. The appellant prepared a syringe of heroin and gave it to the victim. But in some cases, the defendant did a manifestly dangerous act resulting in the death of a victim. , Lord Bingham clarified that the decision in Empress Car Co  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. The conventional wisdom about the causation requirement in bothcriminal law and torts is that it in reality consists of two verydifferent requirements for liability. The primary desire or motive of the defendant may not have been to harm that person, or indeed anyone, because one may intend to achieve a certain result whilst at the same time not desiring it to come about. Of reasonable care to the first lesson of the third topic in this essay as being.... 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