Applying the ‘but for’ test
Causation in criminal liability is divided into factual causation and legal causation. Factual causation is the starting point and consists ofapplying the ‘but for’ test. In most instances,where there exist no complicating factors,factual causation on its own will suffice to establish causation.
What are the 10 theories of crime causation?
What are the theories of crime in criminology?Biological Theories of Crime.Criminal Justice Theories.Cultural Transmission Theory.Deterrence and Rational Choice Theory.Labeling Theory and Symbolic Interaction Theory.Psychological Theories of Crime.Routine Activities Theory.Self-Control Theory.
What are the elements of causation?
What to Know About the Element of Causation in Personal Injury CasesCausation. Causation refers to the cause and effect of someones injuries. …Proof of Causation. In most cases,satisfying the element in question comes whenever the defendant acknowledges that they breached a duty that was owed to the plaintiff and that the …Proving the effect of a defendant’s actions with a key element. …Conclusion. …
What is the legal definition of causation?
Causation, in legal terms, refers to the relationship of cause and effect between one event or action and the result. In a personal injury case, one must establish causation—meaning that it’s not enough to show that the defendant was negligent. The negligence must be what caused the complainant’s injuries.
What are causation cases?
In a legal sense, causation is used to connect the dots between a person’s actions, such as driving under the influence, and the result, such as an accident causing serious injuries. Establishing causation is not, in itself, enough to determine legal liability, however.
What are the components of negligence?
A negligence action can be broken down into four components: duty, breach, causation, and damages. The causation prong subdivides further into factual and proximate causation. We looked closely, in Chapter 9, at some factual and proximate causation issues in contributory negligence cases. This chapter examines factual causation doctrine in isolation and derives some rules for navigating this most intractable part of tort law.
What is the but for test?
This is known as the but-for test: Causation can be established if the injury would not have happened but for the defendant’s negligence. The but-for test is satisfied only if the defendant’s negligence is a necessary condition for the injury. Basics.
What is a sufficient policy rationale?
Unsurprisingly, the courts do not accept this reasoning. A sufficient policy rationale is that if such a defense were accepted, tort law would unravel.
What is the evidential principle in SFC v Zou Yisha?
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] .
What is the but for test?
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. 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.
What happened in R v Nedrick?
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”.
What is legal causation?
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.
What is the requirement for factual causation?
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 .
What is the meaning of "causation" in criminal law?
What is Meant by ‘Causation’ in Criminal Law? “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. Factual causation requires proof …
What is the primary desire or motive of the defendant?
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.
What is factual causation?
The Supreme Court of Canada explains that factual causation (or cause in fact) implies the accused’s “medical, mechanical, or physical” contribution to the victim’s injury or death. 21#N#×#N#21. Nette, supra note 1 at para 44.#N#Show more Cause in fact is a necessary precondition that ties the accused’s conduct to the consequence. 22#N#×#N#22. See James & Perry, supra note 11 at 762–63.#N#Show more While medical expert reports and testimony can assist in establishing factual causation, 23#N#×#N#23. See Smithers v R (1977),  1 SCR 506 at 518, 75 DLR (3d) 321 [ Smithers ].#N#Show more the trier of fact ultimately determines whether cause in fact is established and is not restricted to a medical expert’s conclusion on that point. 24#N#×#N#24. See The Honourable S Casey Hill, David M Tanovich & Louis P Strezos, McWilliams’ Canadian Criminal Evidence, 5th ed (Toronto: Thompson Reuters, 2019) vol 2 at 12:30.60.10. See e.g. Smithers, supra note 23; R v Shanks (1996), 4 CR (5th) 79 at para 10, 1996 CanLII 2080 (ONCA) [ Shanks ]; R v Pimentel, 2000 MBCA 35 at para 63.#N#Show more In clear cases, the cause in fact inquiry is often framed in counterfactual terms: the victim would not have died or suffered gross bodily harm but for the accused’s contribution to that result. 25#N#×#N#25. See Michael Moore, “Causation in the Criminal Law” in John Deigh & David Dolinko, eds, The Oxford Handbook of Philosophy of Criminal Law (Oxford: Oxford University Press, 2011) 168 at 170–71. See e.g. R v Sinclair (T), 2009 MBCA 71 at para 38 [ Sinclair ], rev’d on other grounds 2011 SCC 40.#N#Show more
What is causation in actus reus?
Causation is a necessary component of the actus reus for result crimes, 16#N#×#N#16. See David Ormerod & Karl Laird, eds, Smith, Hogan, and Ormerod’s Criminal Law, 15th ed (Oxford: Oxford University Press, 2018) at 29.#N#Show more meaning crimes that are “in part defined by certain consequences which follow an act.” 17#N#×#N#17. Don Stuart, Canadian Criminal Law, 7th ed (Toronto: Carswell, 2014) at 142.#N#Show more Those results or consequences include death (e.g., for the crimes of manslaughter, criminal negligence causing death, or murder) or bodily harm (e.g., for the offences of assault causing bodily harm or criminal negligence causing bodily harm). 18#N#×#N#18. See ibid.#N#Show more The causation component of the actus reus for result crimes is divided into a two-step inquiry. First, there must be factual causation between the accused’s conduct and the consequence. 19#N#×#N#19. See Alexander, supra note 2 at 301.#N#Show more If the first step is satisfied, the second step examines legal causation—whether the accused is morally responsible for the victim’s death. 20#N#×#N#20. See ibid.#N#Show more
What is the purpose of the doctrine of reasonably foreseeable intervening acts?
The doctrine of reasonably foreseeable intervening acts plays a more prominent role in assessing legal causation within Canadian criminal law. This section argues that the doctrine’s purpose is distinct from the reasonable foreseeability inquiry as part of mens rea. It shows why an intervening act’s reasonable foreseeability acts as a heuristic (or rule of thumb) that is used to assess whether an ambit of risk can be fairly ascribed to the accused.
Which Supreme Court case ruled that trial judges are afforded significant latitude in describing the factual caus?
In the Supreme Court of Canada decision R. v. Nette , Justice Arbour wrote that trial judges are afforded significant latitude in describing the factual causation test. She explained:
Who said the life of the law has not been logic?
185. See OW Holmes Jr , The Common Law (Boston: Little, Brown, and Company, 1881) at 1 (Holmes’ famous quote is “The life of the law has not been logic: it has been experience”).
Who reiterated the position in Nette?
Justice Arbour reiterated that position in Nette, where she observed:
What is causation in criminal law?
In most conventional criminal law cases, causation is a straightforward matter. Someone commits a criminal action, which is the cause of a crime. However, causation problems can occur whenever criminal liability requires a specific outcome. When the required outcome – such as the burning of a house or the death of a victim – appears …
Can homicide cause causation problems?
Of course, the majority of homicide cases do not involve causation problems.
Did B die from a heart attack?
Did A cause B’s death? Yes and no. The cause of B’s death was actually a heart attack. A’s prosecution will probably try to establish that "but for" A’s action, B would not have died. But because B actually died of a heart attack, the prosecution will probably have to establish A’s action as the "proximate cause" of B’s death – the cause of the cause of death – forming a direct connection of liability. This indirect link of causation can cause all sorts of problems in criminal procedure, since it’s fairly unclear what, exactly, A did do, besides inspire a heart attack, and what crime he should be charged with. The trial could boil down to a lengthy and difficult debate over A’s intentions at the time, his knowledge of B’s medical history, personal character and other relative abstracts – and the outcome could be anything from a felony murder conviction to the charges being dropped.