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causation in criminal law essay

To ensure original writing, all papers are run on software and clients are provided with a report on request. 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. 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. 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. He said that Lord Bingham’s comments were obiter and should remain so because it is difficult to sustain term ‘jointly administered’ unless Lord Bingham was referring to cases such as Cato. In the context of drug administration cases; the courts have released their grip on this seemingly settled principle. 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. This essay was produced by one of our professional writers as a learning aid to help you with your studies. The issue of causation becomes confusing when it comes to drug administration and joint responsibility cases under novus actus intervenien. But difficulties arise when there is something that happened after the defendant’s conduct, i.e. 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. In Kennedy (No. Cowan [34] asserted that in prosecuting a manslaughter case, you must be able to prove that the defendant caused the death. [18], Honore and Hart argue that where there is a free, deliberate and informed act or omission of a human being intervening in causal sequence, the initial causal chain is broken. The appellant challenged it on the point of law and was therefore heard by the House of Lords and so his third appeal was allowed. There needs to be an unbroken and direct chain of causation between the defendant’s act and the consequences of that act. 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. Perhaps my favourite phrase to get me to study is “the harder you work, the luckier you get.” The conventional wisdom about the causation requirement in bothcriminal law and torts is that it in reality consists of two verydifferent requirements for liability. an intervening factor. [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’. Causation in criminal liability is divided into factual causation and legal causation. [45], The important case of Environment Agency v Empress Car Co. (Abertillery) Ltd fits uneasily with the general principle of voluntariness expressed in Latif. In the cases where the defendant’s actions amounted to a direct attack upon his victims, the evidence relating to the defendant’s desire or motive will be clear and his intent will have been the same as his desire or motive. 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! 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. Copyright © 2003 - 2020 - LawTeacher is a trading name of All Answers Ltd, a company registered in England and Wales. Company Registration No: 4964706. reasons of morality, common sense o r otherwise.”. Copyright © 2003 - 2020 - LawTeacher is a trading name of All Answers Ltd, a company registered in England and Wales. Ormerod explained that after years of confusions in the Court of Appeal, the House of Lords were able to restore orthodoxy back to the principles of causations in a judgment delivered by Lord Bingham. 16th Aug 2019 The victim then appeared to stop breathing and was pronounced dead when he was taken to hospital. [22], Thirlaway and James were of the view that the decision in Kennedy No2 did not attract a great deal of the academic support. *You can also browse our support articles here >. Reference this, Generally, causation can be said to be a difficult area of law. [43] Hughes was of the view that only one person can inject the drugs, so how then can a drug be jointly administered? Rogers was of the view that the law needs clarification and amendment. 3.1.1 Causation - Introduction Welcome to the first lesson of the third topic in this module guide - Causation! According to the evidence of C, B told the appellant that he wanted ‘a bit to make him sleep’. 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. Registered Data Controller No: Z1821391. The Court of Appeal found that there was no need for the jury to find the presence of encouragement and that the jury were entitled to find that the victim and the appellant were jointly engaged in administering the heroin. 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. Following the general principle in Latif, the bandit’s act should have broken the chain of causation but it didn’t. 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. 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. You should not treat any information in this essay as being authoritative. 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. 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. [49]. [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. 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. Causation is essentially the casual relationship between conduct and result and is an important aspect of the actus reus of an offence. of their own unlawful actio ns unless it would be clearly inap propriate for. 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”. 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]. [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. It would then fall to the jury to decide the relevant factual issues which, identified with reference to those legal principles, will lead to the conclusion whether or not the prosecution have established the guilt of the accused of the crime of which he is charged’. The notion of causation is an important one for law and ethics. This formed a mark of separation between Kennedy and Dias [48], 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. 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 … 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. The book first sets out the place of causation in criminal and tort law and outlines the metaphysics presupposed by the legal doctrine. 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 … The Court of Appeal’s remarks in SFC v Zou Yishang at para. In Cato, it was held that anyone who injects a person who consents with a controlled drug is guilty under s.23 of OAPA and thus of UAM if he later dies. Implicated in criminal law a manifestly dangerous act resulting in the right direction after the defendant’s conduct i.e... ‘ a bit to make him sleep ’ 34 ] asserted that a... Really be such a stress and pressure tort law and torts is it... Aug 2019 criminal law: Excuses that work and Those that Do n't if factual causation and legal.. Criminal and tort law and outlines the metaphysics presupposed by the legal doctrine following BCL! Clarification and amendment treated as breaking the chain of causation unless extraordinary it to the first second. 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