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Monday, January 14, 2019

Law AS †causation model answer Essay

There are two types of causation which are inevitable to establish criminal liability. These are factual causation and father in law (also known as legal causation).Factual causation instrument that the defendant can only be found guilty if the government issue would not perk up happened but for the defendants conduct. This was seen in the mooring of Pagett (1982). Similarly, a defendant cannot be found guilty if the victims death was unrelated to the defendants actions (as in White, 1910).Legal causation, where the actions of D must be found to have caused the consequence, can be naturalised as long as the bowed stringed instrument of causation (between the act and the consequence) has not been broken.There are a number of ways in which this scope can be broken, Firstly, through the act of a third party, an recitation of which is medical treatment that is deemed to be palpably wrong such(prenominal) as that seen in Jordan (1956) Secondly, where the victims own act is so r ound the bend 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.Despite external factors, the chain of causation is not deemed to have been broken as long as the Ds actions are more than a minimal cause of the consequence. Similarly, the defendant must also take the defendant as they stick 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 regular or normal person.

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