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. 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. 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. Free resources to assist you with your legal studies! Thirlaway and James asserted that the Court of Appeal in Kennedy (No. The appellant admitted he had started the fire but he stated that he had not wanted anyone to die. [46], The outcome in Empress was that a deliberate intervening act does not break the chain of causation unless extraordinary. Duty In order to hold a defendant liable for negligence, the defendant must owe a duty of reasonable care to the plaintiff. It is high time for the House of Lords to enter the vanguard to point us in the right direction. The Hong Kong Court of Appeal considered these authorities in SFC v Zou Yisha [17] and held that the evidential principle now expressed in Nedrick and Woollin as to a defendant’s 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. [18] . Looking for a flexible role? Free resources to assist you with your legal studies! [53]. The appellant had told the victim to take care that he did not go to sleep permanently. Disclaimer: This work has been submitted by a law student. 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. 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. Naturally occurring events and reasonably foreseeable events are not generally treated as breaking the chain of causation because of its predictable effect. 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. 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 first element to be satisfied is the actus reus and causation. There has not been a unanimous decision on the issue of 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. 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. Essay writing Causation Criminal Law Ess service to the rescue. Any opinions, findings, conclusions, or recommendations expressed in this material are those of the authors and do not reflect the views of LawTeacher.net. Ormerod asserted that it was a most welcome conclusion and was obvious to all commentators. Criminal Law Causation is essentially the casual relationship between conduct and result and is an important aspect of the actus reus of an offence. As a result, it was held that the case of R v Rogers [32] had been wrongly decided. 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] . The book first sets out the place of causation in criminal and tort law and outlines the metaphysics presupposed by the legal doctrine. 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. Take a look at some weird laws from around the world! Contract Law This is not an example of the work produced by our Law Essay Writing Service. But in some cases, the defendant did a manifestly dangerous act resulting in the death of a victim. 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). Cowan [34] asserted that in prosecuting a manslaughter case, you must be able to prove that the defendant caused the death. His desire to leave London predominates over his desire not to go to Manchester. Registered Data Controller No: Z1821391. The Court of Appeal’s remarks in SFC v Zou Yishang at para. The appellant was given leave to appeal but his first and second appeals were dismissed. 2) was suggesting that the appellant and the victim were joint principals as far as the s.23 [25] offence was concerned and that therefore a causal link could be established, albeit tenuously. You can view samples of our professional work here. 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. And so it wouldn’t break the chain of causation. [23]. It would surely be impractical for two people to depress the plunger simultaneously. Example Law Essay Criminal Law Murder. of their own unlawful actio ns unless it would be clearly inap propriate for. ( ) Courses, modules, and textbooks for your search: Press Enter to view all search results ( ) Working in the essay writing business we understand how challenging it may be for students to write high quality essays. [49]. The appellant prepared a syringe of heroin and gave it to the victim. This essay on The Major Theories of Crime Causation was written and submitted by your fellow student. Perhaps my favourite phrase to get me to study is “the harder you work, the luckier you get.” 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 … Legal Causation. Not in all cases will an intervening act break the chain of causation. Any opinions, findings, conclusions, or recommendations expressed in this material are those of the authors and do not reflect the views of LawTeacher.net. Copyright © 2003 - 2020 - LawTeacher is a trading name of All Answers Ltd, a company registered in England and Wales. Registered office: Venture House, Cross Street, Arnold, Nottingham, Nottinghamshire, NG5 7PJ. There have been inconsistency and different confusing views as regards the principles of causation. The victim then appeared to stop breathing and was pronounced dead when he was taken to hospital. 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). The common law principles of causation in Hong Kong was approved in Wong tat Chuen. [12] Even though one might argue that the Section 65A(1) of the Criminal Procedure Ordinance [13] changed the objective test (‘infer’ in (a)) into subject test (‘did’ in (b)), because of the title of it as ‘proof of intent’ the statues in fact did not modify the principles in causation and an objective test should still be adopted when establishing the casual link required. The court of appeal held that The Court of Appeal in Dias asserted that, in cases where D is accused of manslaughter because he supplied V with drugs, a conviction can only be upheld if the issue of causation is left to the jury to decide [47] . Do you have a 2:1 degree or higher? Looking for a flexible role? The notion of causation is an important one for law and ethics. *You can also browse our support articles here >. 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. [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]. [43] Hughes was of the view that only one person can inject the drugs, so how then can a drug be jointly administered? You should not treat any information in this essay as being authoritative. Causation refers to the enquiry as to whether the defendant's conduct (or omission) caused the harm or damage. 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 … 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. 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. Williams, R asserted that the position in criminal law before Finlay [38] was simple in the sense that if the defendant had directly caused the offensive result, he would be guilty as a principle [39] 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, Reed asserted that helping or encouraging another to commit an offence is a specific crime and D is liable in such a case as a secondary party but V is not liable because there is no offence of self manslaughter and he has committed no crime. [22], Thirlaway and James were of the view that the decision in Kennedy No2 did not attract a great deal of the academic support. 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.”. 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. This document is an essay plan for the topic of causation in Criminal Law. Essay Help adopts zero Essay On Causation Criminal Law plagiarism policy. VAT Registration No: 842417633. VAT Registration No: 842417633. App. There needs to be an unbroken and direct chain of causation between the defendant’s act and the consequences of that act. 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”. 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 English Court of Appeal held in R v Nedrick at 270 that: “Where 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 defendant’s actions and that the defendant appreciated that such was the case. of causation to tort law does deserve exploration. Take a look at some weird laws from around the world! 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. Therefore, the defendant cannot argue that it was the peculiarity [7] or vulnerable characteristic of the victim that caused the prohibited consequence. [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]. 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]). 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 Where a man realises that it is for all practical purposes inevitable that his actions will result in death or serious harm, the inference may be irresistible that he intended that result, however little he may have desired or wished it to happen. [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. 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. A voluntary intervening act by a responsible person breaks the chain of causation. Reference this. Registered Data Controller No: Z1821391. 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. 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. Criminal law – Causation. The chain of causation can be broken by a novus actus interveniens [9] . Essay on Causation Q. Rogers was of the view that the law needs clarification and amendment. The issue of causation becomes confusing when it comes to drug administration and joint responsibility cases under novus actus intervenien. 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 criminal law essay for top dissertation writing services. “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. This approach has been repeatedly adopted and approved by the appellate courts in a diverse range of circumstances like Pagett and Latif [35] . Disclaimer: This work has been submitted by a law student. English criminal law makes a distinction between conduct and result crimes. 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. However, you don’t need to worry about it because you can simply seek Causation Criminal Law Ess our essay writing help through our essay writer service.. Cheap essay writing Causation Criminal Law Ess service. 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 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 decision in Empress is perhaps best explained in terms of public policy concerns over tile control of pollution but unfortunately their Lordships appeared to confuse culpability and specific interpretation of legislation, with causation. The decision is one for the jury to be reached upon a consideration of all the evidence.”. 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. [10]. Causation must be established in all result crimes. Discuss. [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 English Court of Appeal held that the trial judge’s direction to the jury that if the appellant knew “it was highly probable that the act would result in serious bodily injury to somebody inside the house, even though he did not desire it …… he is guilty of murder” was wrong as that equated foresight with intent because, citing R v Moloney, “foresight of consequences, as an element bearing on the issue of intention in murder … belongs, not to the substantive law, but to the law of evidence”. Company Registration No: 4964706. 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 … In order for one to be criminally liable for harm to another, i t must be proved beyond. Therefore murder comprises of two elements, these are 1) the act (actus reus) and 2) the intention (mens rea). Reference this, Generally, causation can be said to be a difficult area of law. The conventional wisdom about the causation requirement in bothcriminal law and torts is that it in reality consists of two verydifferent requirements for liability. Company Registration No: 4964706. Since the implementation of the Law Reform (Year and a Day Rule) Act 1996 it is not necessary for the death to occur within a year and a day of the act or omission. Williams asserted that what a person does is his own responsibility and is not regarded as having been caused by other people. 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 ‘but for’ test was illustrated in the case R v Pagett [1] where a question was asked that whether the hostage would not have died but for the defendant’s conduct. MyPerfectWords.com is renowned as the global source for professional paper writing services at all academic levels. This essay was produced by one of our professional writers as a learning aid to help you with your studies. 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”. Writing quality college papers can really be such a stress and pressure. 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. 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. In Kennedy (No. 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. 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. The most serious offence that Marion could be charged with is the murder of Spike and Toby. 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 … 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. 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. The first requirement is that of“cause in fact”. 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. 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. 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]. When he decides to board the aircraft, if not before, he forms the intention to travel to Manchester.”. 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. [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. 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. causation, which is that people should be accountable for the consequences. Factual causation … According to the evidence of C, B told the appellant that he wanted ‘a bit to make him sleep’. Critically analyze the above statement. Criminal Responsibility and Causation There are many ways that causation is implicated in criminal cases. The clear message from the case law is that the judiciary seem willing to convict at any cost no matter the damage to principles of causation and the general criminal law. 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. [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] . To ensure original writing, all papers are run on software and clients are provided with a report on request. Such conventional wisdom holds that the“cause-in-fact” requirement is the only trulycausal component of the … There are some situations where the defendant has to take his victim as he finds him. On 10 September 1996, the appellant visited the room occupied by the victim and his friend, C, who had been drinking together. [19]. [2] Causation could be proved either through factual or legal causation. 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. This decision was welcomed by many academics. Able to prove that the defendant did a manifestly dangerous act resulting in the of! Stated that he did not go to Manchester implicated in criminal cases causation in criminal law essay writing criminal! Own Responsibility and causation comes to drug administration cases ; the courts have released their grip this. Arnold, Nottingham, Nottinghamshire, NG5 7PJ causation unless extraordinary adopts zero essay causation. Myperfectwords.Com is renowned as the global source for professional paper writing services can also browse our support articles >. 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