The legal principle of causation is a concept that is widely applied in the determination of many cases in courts. 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. [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 answer to the above question is yes subject to the following explanations. 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. 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. On 10 September 1996, the appellant visited the room occupied by the victim and his friend, C, who had been drinking together. Causation and Responsibility in Criminal Law: Excuses that Work and Those that Don't. “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. Following the general principle in Latif, the bandit’s act should have broken the chain of causation but it didn’t. There have been inconsistency and different confusing views as regards the principles of causation. English criminal law makes a distinction between conduct and result crimes. 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. Free resources to assist you with your legal studies! Disclaimer: This work has been submitted by a law student. As a result, it was held that the case of R v Rogers [32] had been wrongly decided. But in some cases, the defendant did a manifestly dangerous act resulting in the death of a victim. ( ) Courses, modules, and textbooks for your search: Press Enter to view all search results ( ) Company Registration No: 4964706. Company Registration No: 4964706. 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. 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. About the Author Samantha Love read Law at Merton College, Oxford, and is currently following the BCL course. The book first sets out the place of causation in criminal and tort law and outlines the metaphysics presupposed by the legal doctrine. Therefore murder comprises of two elements, these are 1) the act (actus reus) and 2) the intention (mens rea). Not in all cases will an intervening act break the chain of causation. VAT Registration No: 842417633. 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. Disclaimer: This work has been submitted by a law student. 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. MyPerfectWords.com is renowned as the global source for professional paper writing services at all academic levels. 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. 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. Essay on Causation Q. 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. [45], The important case of Environment Agency v Empress Car Co. (Abertillery) Ltd fits uneasily with the general principle of voluntariness expressed in Latif. [49]. 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 issue of causation becomes confusing when it comes to drug administration and joint responsibility cases under novus actus intervenien. Copyright © 2003 - 2020 - LawTeacher is a trading name of All Answers Ltd, a company registered in England and Wales. Rogers was of the view that the law needs clarification and amendment. 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. 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. Take a look at some weird laws from around the world! 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. His desire to leave London predominates over his desire not to go to Manchester. 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. Cowan [34] asserted that in prosecuting a manslaughter case, you must be able to prove that the defendant caused the death. “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. Williams asserted that what a person does is his own responsibility and is not regarded as having been caused by other people. 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. Registered Data Controller No: Z1821391. 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. In Kennedy (No. Writing quality college papers can really be such a stress and pressure. To ensure original writing, all papers are run on software and clients are provided with a report on request. You are free to use it for research and reference purposes in order to write your own paper; however, you must cite it accordingly . 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