causation - (actus reus)

Question 1

what is factual causation?

Answer 1

starting point and consists of applying the ‘but for’ test. In most instances, where there exist no complicating factors, factual causation on its own will suffice to establish causation.

Question 2

what is legal causation?

Answer 2

under legal causation the result will be caused by a culpable act there is no requirement that the act of the defendant was the only cause.

Question 3

what is causation in criminal liability divided into?

Answer 3

factual causation & legal causation

Question 4

what is causation?

Answer 4

refers to the enquiry as to whether the defendants conduct (or omission) caused the harm or the damage. Causation must be established in all result crimes.

Question 5

what is novus actus interveniens?

Answer 5

a new interviewing act which breaks the chain of causation.

Question 6

what are the 3 things that break the chain of causation?

Answer 6

act of third party, the act of the victim, medical intervention.

Question 7

what is the thin skull rule?

Answer 7

must take your victims as you find them - even for particularly vulnerable victims you will still be liable for the consequences caused to them even if it wouldn’t have happened to someone without a “thin skull”