Submitted by: Submitted by rissa08
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Category: Other Topics
Date Submitted: 10/25/2016 04:55 PM
Causation
Refers to the enquiry as to whether the defendant's conduct (or omission) caused the harm or damage. Causation must be established in all result crimes. Causation in criminal liability is divided into factual causation and legal causation. Factual causation is the starting point and consists of applying the 'but for' test. In most instances, where there exist no complicating factors, factual causation on its own will suffice to establish causation. However, in some circumstances it will also be necessary to consider legal causation. Under legal causation the result must be caused by a culpable act, there is no requirement that the act of the defendant was the only cause, there must be no novus actus interveniens and the defendant must take his victim as he finds him (thin skull rule).
Factual causation
Factual causation is established by applying the 'but for' test. This asks, 'but for the actions of the defendant, would the result have occurred?' If yes, the result would have occurred in any event, the defendant is not liable. If the answer is no, the defendant is liable as it can be said that their action was a factual cause of the result.
R v White [1910] 2 KB 124: The defendant put some poison in his mother's milk with the intention of killing her. The mother took a few sips and went to sleep and never woke up. Medical reports revealed that she died from a heart attack and not the poison. The defendant was not liable for her murder as his act of poisoning the milk was not the cause of death. He was liable for attempt. This case established the 'but for' test. I.e. would the result have occurred but for the actions of the defendant? If the answer is yes the defendant is not liable.
Legal Causation
1. Legal causation requires that the harm must result from a culpable act:
R v Dalloway (1847) 2 Cox 273The defendant was driving a horse and cart down a road without holding on to the reins. A child ran in front of the cart and was...