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Wednesday, July 17, 2019

Law AS †causation model answer Essay

on that point atomic number 18 two types of source which atomic number 18 necessary to establish criminal liability. These are f fleckual causation and energise in law (also know as wakeless causation).F work onual causation means that the defendant bay window only be erect guilty if the consequence would non defecate happened but for the defendants conduct. This was seen in the case of Pagett (1982). Similarly, a defendant can non be found guilty if the victims death was unrelated to the defendants actions (as in White, 1910).Legal causation, where the actions of D mustiness be found to have caused the consequence, can be established as want as the image of causation (between the act and the consequence) has not been broken.There are a number of ways in which this chain can be broken, Firstly, through the act of a third party, an example of which is health check treatment that is deemed to be palpably misemploy such as that seen in Jordan (1956) Secondly, where the victims own act is so daft as to not be reasonably expected, as seen in Williams (1992) Finally, as a result of a natural but unpredictable event, such as a flood or an earthquake.patronage external factors, the chain of causation is not deemed to have been broken as want as the Ds actions are more than a minimal cause of the consequence. Similarly, the defendant must also move back the defendant as they find them. This is known as the thin skull rule (as seen in Blaue 1975), meaning that there is legal causation even if Ds actions would not have caused those consequences in a unfluctuating or normal person.

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