causation in criminal law essay

( ) Courses, modules, and textbooks for your search: Press Enter to view all search results ( ) Williams asserted that what a person does is his own responsibility and is not regarded as having been caused by other people. Copyright © 2003 - 2020 - LawTeacher is a trading name of All Answers Ltd, a company registered in England and Wales. English criminal law makes a distinction between conduct and result crimes. 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. This document is an essay plan for the topic of causation in Criminal Law. [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. The first requirement is that of“cause in fact”. 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”. Do you have a 2:1 degree or higher? VAT Registration No: 842417633. The chain of causation can be broken by a novus actus interveniens [9] . The victim injected himself and returned the empty syringe to the appellant, who then left the room. The answer to the above question is yes subject to the following explanations. Essay writing Causation Criminal Law Ess service to the rescue. Essay Help adopts zero Essay On Causation Criminal Law plagiarism policy. 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 … 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. 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 essay on The Major Theories of Crime Causation was written and submitted by your fellow student. The notion of causation is an important one for law and ethics. [46], The outcome in Empress was that a deliberate intervening act does not break the chain of causation unless extraordinary. Do you have a 2:1 degree or higher? VAT Registration No: 842417633. Contract Law 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. The most serious offence that Marion could be charged with is the murder of Spike and Toby. Naturally occurring events and reasonably foreseeable events are not generally treated as breaking the chain of causation because of its predictable effect. So the refusal of your victim to treatment would not relieve you of liability in the thin skull rule. 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. 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”. Causation is established on the balance of probabilities, using the ‘but for’ test. 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. The appellant admitted he had started the fire but he stated that he had not wanted anyone to die. Therefore murder comprises of two elements, these are 1) the act (actus reus) and 2) the intention (mens rea). 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 book first sets out the place of causation in criminal and tort law and outlines the metaphysics presupposed by the legal doctrine. Registered Data Controller No: Z1821391. This approach has been repeatedly adopted and approved by the appellate courts in a diverse range of circumstances like Pagett and Latif [35] . Any opinions, findings, conclusions, or recommendations expressed in this material are those of the authors and do not reflect the views of LawTeacher.net. 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. 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. *You can also browse our support articles here >. 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. App. 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 decision is one for the jury to be reached upon a consideration of all the evidence.”. [22], Thirlaway and James were of the view that the decision in Kennedy No2 did not attract a great deal of the academic support. 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. Disclaimer: This work has been submitted by a law student. [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. 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. 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. 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 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 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. 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. [19]. Looking for a flexible role? You should not treat any information in this essay as being authoritative. 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]. [49]. Perhaps my favourite phrase to get me to study is “the harder you work, the luckier you get.” 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. an intervening factor. [53]. Registered Data Controller No: Z1821391. As a result, it was held that the case of R v Rogers [32] had been wrongly decided. Free resources to assist you with your legal studies! This is not an example of the work produced by our Law Essay Writing Service. [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. 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. of their own unlawful actio ns unless it would be clearly inap propriate for. [33]. 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. Following the general principle in Latif, the bandit’s act should have broken the chain of causation but it didn’t. 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. “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. If you Causation Criminal Law Essay are misled and stalled while Causation Criminal Law Essay writing your essay, our professional college essay writers can help you Causation Criminal Law Essay out to complete an excellent quality paper. Causation and Responsibility in Criminal Law: Excuses that Work and Those that Don't. 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. 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. 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. The appellant had told the victim to take care that he did not go to sleep permanently. In the context of drug administration cases; the courts have released their grip on this seemingly settled principle. Example Law Essay Criminal Law Murder. 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). 14th Aug 2019 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]). 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. It is high time for the House of Lords to enter the vanguard to point us in the right direction. Looking for a flexible role? Critically analyze the above statement. His desire to leave London predominates over his desire not to go to Manchester. Factual causation … [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. Different academic writers have also commented on this view. [45], The important case of Environment Agency v Empress Car Co. (Abertillery) Ltd fits uneasily with the general principle of voluntariness expressed in Latif. There needs to be an unbroken and direct chain of causation between the defendant’s act and the consequences of that act. Working in the essay writing business we understand how challenging it may be for students to write high quality essays. 3.1.1 Causation - Introduction Welcome to the first lesson of the third topic in this module guide - Causation! [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] . Writing quality college papers can really be such a stress and pressure. 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] . 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. Registered office: Venture House, Cross Street, Arnold, Nottingham, Nottinghamshire, NG5 7PJ. You can view samples of our professional work here. And so it wouldn’t break the chain of causation. [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]. 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! Causation is essentially the casual relationship between conduct and result and is an important aspect of the actus reus of an offence. 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 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. According to the evidence of C, B told the appellant that he wanted ‘a bit to make him sleep’. Causation refers to the enquiry as to whether the defendant's conduct (or omission) caused the harm or damage. Ormerod asserted that it was a most welcome conclusion and was obvious to all commentators. causation, which is that people should be accountable for the consequences. 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. You can view samples of our professional work here. 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 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] . 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’. In applying this approach, the problem of what appeared to be a novus actus interveniens in the chain of causation was avoided. [24] He was sentenced to five and two years’ imprisonments on the first and second counts respectively to run simultaneously. Criminal Responsibility and Causation There are many ways that causation is implicated in criminal 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. There have been inconsistency and different confusing views as regards the principles of causation. 7. 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. 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 … Causation criminal law essay for top dissertation writing services. But difficulties arise when there is something that happened after the defendant’s conduct, i.e. 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 … Legal Causation. Free resources to assist you with your legal studies! [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’. Reference this. Company Registration No: 4964706. Company Registration No: 4964706. Duty In order to hold a defendant liable for negligence, the defendant must owe a duty of reasonable care to the plaintiff. 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. The first element to be satisfied is the actus reus and 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. When he decides to board the aircraft, if not before, he forms the intention to travel to Manchester.”. Registered office: Venture House, Cross Street, Arnold, Nottingham, Nottinghamshire, NG5 7PJ. 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. 16th Aug 2019 [23]. Discuss. 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 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. [43] Hughes was of the view that only one person can inject the drugs, so how then can a drug be jointly administered? 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. 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 issue of causation becomes confusing when it comes to drug administration and joint responsibility cases under novus actus intervenien. 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.”. Essay on Causation Q. This decision was welcomed by many academics. 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. Therefore, the defendant cannot argue that it was the peculiarity [7] or vulnerable characteristic of the victim that caused the prohibited consequence. The victim then appeared to stop breathing and was pronounced dead when he was taken to hospital. of causation to tort law does deserve exploration. There are some situations where the defendant has to take his victim as he finds him. Such conventional wisdom holds that the“cause-in-fact” requirement is the only trulycausal component of the … 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. 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. 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] . 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. 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. The appellant was given leave to appeal but his first and second appeals were dismissed. On 10 September 1996, the appellant visited the room occupied by the victim and his friend, C, who had been drinking together. 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. Tort Essay Causation Law. 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 appellant prepared a syringe of heroin and gave it to the victim. 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]. A voluntary intervening act by a responsible person breaks the chain of causation. This essay was produced by one of our professional writers as a learning aid to help you with your studies. Thirlaway and James asserted that the Court of Appeal in Kennedy (No. 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. Criminal Law The legal principle of causation is a concept that is widely applied in the determination of many cases in courts. 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. About the Author Samantha Love read Law at Merton College, Oxford, and is currently following the BCL course. 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! If factual causation cannot be established the prosecution will fail. Not in all cases will an intervening act break the chain of causation. You should not treat any information in this essay as being authoritative. [2] Causation could be proved either through factual or legal causation. In order for one to be criminally liable for harm to another, i t must be proved beyond. Criminal law – Causation. 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. Copyright © 2003 - 2020 - LawTeacher is a trading name of All Answers Ltd, a company registered in England and Wales. 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. Reference this, Generally, causation can be said to be a difficult area of law. In Kennedy (No. 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. There has not been a unanimous decision on the issue of causation. [10]. 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. Take a look at some weird laws from around the world! Disclaimer: This work has been submitted by a law student. To ensure original writing, all papers are run on software and clients are provided with a report on request. The Court of Appeal’s remarks in SFC v Zou Yishang at para. Rogers was of the view that the law needs clarification and amendment. It means that “but for” the negligent act or No Homework In Germany omission of the defendant, the plaintiff would not have been harmed. Not be established the prosecution will fail wisdom holds that the defendant must owe a duty of reasonable care the... … tort essay causation law breaking the chain of causation can be by... Vanguard to point us in the essay writing Service conclusion and was pronounced when! 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