Causation in Criminal Law Crimes such as homicide, where the result of the defendant’s conduct is a necessary aspect of the crime, may require a causation analysis. According to the Court of Appeal in Pagett [] and Cheshire [] the issue of factual causation is mainly one for the jury once it has been determined by the courts that there is enough evidence to be left to them. As Simester explains: ‘Within the criminal law, causation doctrines govern the connection between D’s behaviour and… a legal cause of injury is a cause which is a substantial factor in bringing about the injury. The chain of causation is the causal link between the act of the defendant and the result that occurs. AU - Moore, Michael. MS STAROSTA’S CLASS CRIMINAL LAW LAWS2014 CAUSATION LECTURE NOTES CONTINUED (27.04.2020) FACTUAL CAUSATION CONTINUED…. This includes data values and the controlled vocabularies that house them. N2 - This chapter notes that the law has a bafflingly large number of legal tests for causation. 1. Summary - Criminal law - impossibility ... Summary - Criminal law- causation 15. 1. Although outside the scope of the present paper, it is noteworthy that French criminal law recognises precisely such a ‘false’ doctrine (la théorie de l’équivalence des conditions). CRW2601 Addendum B – Table of defences and their effect. This eBook is constructed by lawyers and recruiters from the world's leading law firms and barristers' chambers. a legal cause of injury is a cause which is a substantial factor in bringing about the injury. cause of death. R 950,00 R 300,00 19 items . Denis Klimchuk, Causation, Thin Skulls and Equality (1998) at pg. Causation in criminal​ liability is divided into factual causation and legal causation. It then goes on to discuss specific rules of factual causation, which will involve a discussion of both multiple concurrent causes and multiple successive causes. Although outside the scope of the present paper, it is noteworthy that French criminal law recognises precisely such a ‘false’ doctrine (la théorie de l’équivalence des conditions). Factual causation … D driving fine without license and insurance, collides with guy on drugs. The law on attempted crime reflects conflicting justificatory rationales and has been clouded by unclear legislation and inconsistent case law. Actual Causation - But For Test. White [1910] Doctors were deemed to be factual causation of death, Factual causes ⇒ For instance, if a defendant stabbed the victim on the toe and the victim, in pain, decided to stab himself in the chest because he would rather die than put up with the pain this would break the chain of causation. Factual Causation Tort law uses a ‘but for’ test in order to establish a factual link between the conduct of the defendant and the injuries of the claimant. The whole case is a fairly complex discussion of causation as it relates to death after the supply and/or administration of drugs, but there’s a good discussion of how Scots criminal law should approach the question of causation: … © 2020 Digestible Notes All Rights Reserved. In both Jordan and Cheshire the original harm did not contribute to the victim’s 126. Car accident. `The children became frightenened during the arrest and ran away. These are my lecture notes on the chain of causation. ✅ Research Methods, Success Secrets, Tips, Tricks, and more! No break in chain of causation Simester & Sullivan, Criminal Law: Theory and Doctrine, p (1) The original harm inflicted by D must no longer be contributing to the occurrence of the eventual result (i.e., as a concurrent cause) In both Jordan and Cheshire the original harm did not contribute to the victim’s death. A Critique of Criminal Causation Alan Norrie* [Tlhe principles [of causation] to be found in the common law . event, have burned the house down, ‘But for defendant’s behaviour, would the result have happened in the same way and same whether the defendant's conduct (or omission) caused the harm or damage, they will look at factual and legal causation, 'but for the actions of the defendant, would the result/consequences have occurred? For instance, the question of whether the accused’s conduct of inflicting serious stab wounds on his victim… ⇒ Having established causation in fact it is also necessary to establish causation in law. ⇒ As a general rule, it would seem that omissions of a third party cannot break the chain of causation. CRW2601 crime_vs_delict. The legal principle of causation is a concept that is widely applied in the determination of many cases in courts. 3. No factual causation. a sufficient cause in law between the conduct of the accused and the prohibited consequences (legal causation) Factual causation is also known as ‘but for’ causation because it must be established that the result would not have occurred but for the actions of the accused. Paragraphs 38 to 48 are worth a read in particular. MS STAROSTA’S CLASS CRIMINAL LAW LAWS2014 CAUSATION LECTURE NOTES CONTINUED (27.04.2020) FACTUAL CAUSATION CONTINUED…. It renders the defendant’ act no longer a substantial and operating cause. The tracheotomy was not independent, A free, deliberate and informed ‘voluntary act’ will usually break the chain of The tort law causation module contains two chapters: causation, and intervening ants and remoteness. The 'but for' test applies to establish factual causation following this case. Therefore, even if injury or death is not reasonably foreseeable the law still considers the defendant liable if the victim suffered from some physical or mental condition that made him or her vulnerable. In other words, the question asked is ‘but for the defendant’s actions, would the harm have occurred?’ R v Dear [1996] Crim LR 595. A more recent version of these Causation notes – written by Cambridge/Bpp/College Of Law students – is available here. See, for example, the case of R v Hayward. Law Application Masterclass - ONLY £9.99. Criminal Law Revision Game - Hangman on Causation . Causation must be established in all result crimes. V dies. I. . No liability for D unless caused it. 60+ page eBook Causation in fact does not always mean there will be causation in law. Michael (1840) The causation analysis will require that the defendant’s conduct be the actual cause … Introduction to Criminal Causation ⇒ Causation refers to the enquiry as to whether the defendant's conduct (or omission) caused the harm or damage. This was not a free, deliberate and informed act. Despite his comprehensive treat-ment of criminal law, WILuAMs, CRIMINAL LAW (1953), does not deal with causation as a separate problem. Causation in English law concerns the legal tests of remoteness, causation and foreseeability in the tort of negligence. The victim's actions here would clearly be unreasonable and disproportionate to justify giving the defendant a murder/manslaughter sentence. This anomaly occurs when two defendants, acting independently . For an introductory account, see . You may find the Table of Contents to be a quick and useful overview of the law to be applied. ⇒ A substantial cause: the defendant’s acts must be a significant factor in the final consequence/result i.e. Factual causation … Causation An element of the actus reus of result crimes Normally treated as a common sense matter ⇒ However, sometimes it can be more difficult to establish whether the defendant has caused the harm/damage. PY - 2011/9/2. CRW2601 Addemndum A – Cosntruction of criminal liability. The following is a more accessble plain text extract of the PDF sample above, taken from our GDL Criminal Law Notes . exam notes set out answers as follows 1. state the issue to be explored 2. state the relevant law and their elements 3. relevant cases 4. apply the law 5. come to a conclusion • focus on most serious offences • first part is on non fatal, non sexual, fatal, sexual offences • second part … The act concerned must cause one of the following events: i) Accused has done something that is prohibited by law ii) Accused has caused a prohibited result. Maintained • Found in: Corporate Crime. ` Acc were Police Officials who had arrested Mr Mokoena. ↑ Maybin , supra , at para 15 ↑ Nette , supra , at para 45 ("Legal causation, which is also referred to as imputable causation, is concerned with the question of whether the accused person should be held responsible in law for the death that occurred. Kiddie drank poison not meant for her. If factual causation cannot be established the prosecution will fail. Datasets available include LCSH, BIBFRAME, LC Name Authorities, LC Classification, MARC codes, PREMIS vocabularies, ISO language codes, and more. Insignificant: No legal causation, Jordan (1956) This chapter notes that the law has a bafflingly large number of legal tests for causation. causation. Learn how to effortlessly land vacation schemes, training contracts, and pupillages by making your law applications awesome. SC rejected argument of prosecution and applied principle For example, in order to establish the actus reus of homicide, it is necessary to Crimes are divided into two discrete groups Conduct Crimes Result Crime See, for example, R v Benge. of causation. injection, Smith [1959] The Doctrine of Causation explained The doctrine of causation as we understand it is applied by the courts to determine the existence of a link or causal chain between a defendant’s conduct and a particular result prohibited by law. No break in chain of causation, Cheshire [1991] No factual Legal causation justifies the imposition of criminal liability by finding that the defendant is culpable for the consequences which occurred as a result of his/her actions. CRW2601 august+2012+discussion+class. These are my lecture notes on the chain of causation. Where factual causation is established, the remaining issue is legal causation.") ⇒ Establishing factual causation is not enough, as it is too wide: it would be absurd, for instance, to argue ‘but for the defendant’s parents giving birth to him/her, the defendant would not have killed the victim’ and, therefore, find the defendant’s parents criminally liable. Causation in criminal liability is divided into factual causation and legal causation. The Linked Data Service provides access to commonly found standards and vocabularies promulgated by the Library of Congress. Exacting retribution on behalf of law-abiding society for the illegal actions of the offender. ', the defendant's act was an ‘operating and substantial' cause of the consequence and that there was no intervening event, an act or event that breaks the causal connection between a wrong or crime committed by the defendant and the final consequence/result, omissions of a third party cannot break the chain of causation, act of the victim will not break the chain of causation unless the victim’s actions were unreasonable and disproportionate, the defendant must take his victim as he finds him, chain of causation might be broken by a completely external occurrence or factor which is really a coincidence. Hallett [1969] SASR 141. `The children became frightenened during the arrest and ran away. Causation and intervening acts in criminal cases Practice notes. The proceeds of this eBook helps us to run the site and keep the service FREE! (1) The original harm inflicted by D must no longer be contributing to the occurrence of Generally, causation can be said to be a difficult area of law. Docs inject wrong antibiotics (intolerant, abnormally high Digestible Notes was created with a simple objective: to make learning simple and accessible. Case law is messy and contradictory. “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. exam notes set out answers as follows 1. state the issue to be explored 2. state the relevant law and their elements 3. relevant cases 4. apply the law 5. come to a conclusion • focus on most serious offences • first part is on non fatal, non sexual, fatal, sexual offences • second part … In other words, causation provides a means of connecting conduct with a resulting effect, typically an injury. The electrical circuitry in the house was faulty and at the moment the fire was started time as it did?’ Factual causation established, Re A [2000] Causation An element of the actus reus of result crimes Normally treated as a common sense matter ⇒ Thus, if the defendant is able to demonstrate a valid novus actus interveniens, this will be evidence that he/she did not cause the crime, and therefore will not be criminally liable. In order to establish a defendant’s guilt, the prosecution must prove beyond reasonable doubt that his or her actions were a ‘substantial and significant cause’ of the harm. and T’s negligence did not alter this. Causation refers to the enquiry as to whether the defendant's conduct (or omission) caused the harm or damage. At the time of arrest, Mr Mokoena had 5 children in his care who were weak and sickly. Convicted of causing death. Lecture outlines on criminal law including actus reus, mens rea, strict liability, causation, murder, manslaughter, non fatal offences against the person, theft, robbery, burglary, criminal damage and … CRIMINAL LAW NOTES. In addition to needing an actus reus and mens rea, criminal liability also requires causation. There is no universally accepted theory in the general part of the law of crimes. Kid run in front of cart and would have died anyway even if driving carefully. Grant holds a PhD in Criminal Law. Case law is used to make critical points on the law of omissions. R v Kennedy [2007] UKHL 38. ⇒ More cases on this: R v Pagett, R v Malcherek & Steel, R v Jordan, and R v Cheshire. This includes data values and the controlled vocabularies that house them. No break in the chain of causation. There are clearly offences which are both illegal and immoral, e.g. T1 - Causation in the Criminal Law. Poison mother’s drink but dies of heart attack. murder. If there is causation then A has committed a s.47 offence (Miller (1954) 2 QB 282). No break in the chain of causation. .are rcasonably wcll settled and can be stated quite shortly. This involves showing that the chain of events linking the defendant’s conduct and the consequences remains unbroken. Hart, Hla and Honoré, T Causation in the law – I ’(1956) 76 LQR 58 at 89. The causation analysis will require that the defendant’s conduct be the actual cause … For an introductory account, see . Y1 - 2011/9/2. Please sign in or register to post comments. Summary - Criminal law - necessity 2. ⇒ An act of the victim will not break the chain of causation unless the victim’s actions were unreasonable and disproportionate in the circumstances. ⇒ An operating cause: the defendant’s acts need not be the sole or even the main factor in the final consequence/result. and not in concert with one another, commit two separate acts, each of which alone is sufficient to bring about the prohibited result. V shot. See also STONE, THE PROVINCE AND FUNCION OF LAW 181-86, 397-98 (1950). In other words, as the court said in R v Kennedy, it is usually “common sense”. On Stuvia you will find the most extensive lecture summaries written by your fellow students. Michael T. Molan, Sourcebook on Criminal Law, 2nd edition, at 67. Causation is the "causal relationship between the defendant's conduct and end result". In R v Dyson, the defendant could be said to have caused the victim’s death, whereas in R v White the defendant could not be said to have been the factual cause of the victim’s death. 16. [ 2] C Causation could be proved either through factual or legal causation. T failed to rectify windpipe: V dies. CAUSATION Problem of causation; amplifier shorting looks like an intervening negligent act and not foreseeable. ⇒ Usually it is easy to established whether the defendant has caused the harm/damage. The Rationale underpinning Causation The doctrine of causation as we understand it is applied by the courts to determine the existence of a link or causal chain between the defendant’s conduct and a particular result prohibited by law. INTRODUCTION TO CRIMINAL LAW DEFINITION OF CRIMINAL LAW Criminal law concerns behaviours and activities which have been criminalised by Parliament or common law. Where factual causation is established, the remaining issue is legal causation.") The law relating to aiding and abetting a … 2. R v Hayward (1908) 21 Cox 692. He taught criminal law for 14 years at the University of the Witwatersrand and is unquestionably a leader in the field. In this situation the judge will direct the jury to apply special legal rules → they will look at factual and legal causation (see below). Pagett (1983) 143. in the chain of causation. ... Got to lecture outline on causation in criminal law . Dalloway (1847) N2 - This chapter notes that the law has a bafflingly large number of legal tests for causation. The basis of its application and operation in criminal law relies on establishing the relationship between the conduct of the accused and the effect that results from … Our Cram Notes are short, concise, simple and detailed Law notes for all Law subjects. Avoid resits and get better grades with material written specifically for your studies. In criminal law, it is defined as the actus reus (an action) from which the specific injury or other effect arose and is combined with mens rea (a state of mind) to comprise the elements of guilt. ⇒ Factual causation is established by applying the 'but for' test. R v Hughes [2013] Applying the Law: Are the following defendants still liable? ‘In November last year the former Director of Public Prosecutions, Keir Starmer QC, put his weight behind proposals to introduce an offence of failing to report suspected child abuse, applicable to professionals. consequence of Cheshire shooting Jeffrey. causation. Datasets available include LCSH, BIBFRAME, LC Name Authorities, LC Classification, MARC codes, PREMIS vocabularies, ISO language codes, and more. Break in chain of causation when the eventual result (i.e., as a concurrent cause), (2) The relevant intervention by T must be independent (i.e., not itself a consequence) of Alan Norrie, Crime, Reason and History: A Critical Introduction to Criminal Law, at pg. death. In other words, causation provides a means of connecting conduct with a resulting effect, typically an injury. It is also relevant for English criminal law and English contract law.. Learn how to effortlessly land vacation schemes, training contracts, and pupillages by making your law applications awesome. Traditionally, morality is seen as an element of criminal law, but this is contentious. Criminal Law-Questions and Answers & Key Tutorial Notes and Definitions Tutorial 1 Questions and Answers Criminal Law Tutorial 1 1. No break in chain of causation, Simester & Sullivan, Criminal Law: Theory and Doctrine, p FOOL-PROOF methods of obtaining top grades, SECRETS your professors won't tell you and your peers don't know, INSIDER TIPS and tricks so you can spend less time studying and land the perfect job. CAUSATION: In order to establish liability, actus reus and mens rea itself is not sufficient. . View Notes - Criminal Law - Lecture Notes - Causation from LAWS 08122 at University of Edinburgh. We believe that human potential is limitless if you're willing to put in the work. D stabs V. T drops V twice, wrong treatment but wound still operating and substantial Some view the purpose of the criminal law as a mixture of all of these ideas. We also have free study guides and assignment guides for Law students. T’s intervention was ‘free, deliberate and informed’ but no break Avoid resits and get better grades with material written specifically for your studies. In particular it covers the position where there has been a break in the chain of causation. T1 - Causation in the Criminal Law. Teaching Notes for G153 OCR Criminal Law. In criminal law, it is defined as the actus reus (an action) from which the specific injury or other effect arose and is combined with mens rea (a state of mind) to comprise the elements of guilt. ⇒ See, for example, the case of R v Blaue. He is now a practicing Advocate and brings his practical experience to enliven the theory of criminal law. Someone opened fuel tap. Case law is used to make critical points on the law of omissions. Some of you will be able to identify a contrasting case to illustrate the limits of the issues affecting the chain of causation. In criminal law, causation essentially describes a ‘cause and effect’ relationship between the defendant’s actions and the harm suffered by the alleged victim. and not in concert with one another, commit two separate acts, each of which alone is sufficient to bring about the prohibited result. Causation in Criminal Law Crimes such as homicide, where the result of the defendant’s conduct is a necessary aspect of the crime, may require a causation analysis. There is no universally accepted theory in the general part of the law of crimes. .are rcasonably wcll settled and can be stated quite shortly. Hart, Hla and Honoré, T Causation in the law – I ’(1956) 76 LQR 58 at 89. ` Acc were Police Officials who had arrested Mr Mokoena. ⇒ The 'thin skull' rule says that the defendant must take his victim as he finds him. ⇒ A novus actus interveniens is an act or event that breaks the causal connection between a wrong or crime committed by the defendant and the final consequence/result. Thus, we must also establish legal causation. As a result of exposure to harsh weather … ⇒ See, for example, the cases of R v Dyson and R v White. ⇒ Usually it is easy to established whether the defendant has caused the harm/damage. '-* hitherto the judges have made little progress in establishing [the] principles [of Introduction What happened between 1983 and 1989 to occasion this turnaround in the fortunes Causation must be established. For example, if you stabbed someone and a medic arrived but refused to treat the victim, the medic’s omission (to treat the victim) would not break the chain of causation. Causation refers to the enquiry as to whether the defendant's conduct (or omission) caused the harm or damage. View Notes - Criminal Law - Lecture Notes - Causation from LAWS 08122 at University of Edinburgh. In the English law of negligence, causation proves a direct link between the defendant’s negligence and the claimant’s loss and damage. Bad bruise looks like s.47, but it would not be grievous bodily harm, nor wound, so it … There is no R v) 1. ⇒ R v Kennedy confirmed a key principle in this area of law: where the defendant does an act, and there is a subsequent (possibly intervening) act by X, X’s act will be a novus actus interveniens where it is: ⇒ X’s act will not be free, voluntary, or informed if there is a justification behind the act: for example, if you throw a rock at Sally’s head and Sally deflects it to protect herself, but the rock flies off an hits Henry, you will still be said to have caused Henry’s injuries. There was no novus actus interveniens as Sally’s actions - in deflecting the rock - were justified. At the time of arrest, Mr Mokoena had 5 children in his care who were weak and sickly. CRW2601 Criminal Law Reader. '-* hitherto the judges have made little progress in establishing [the] principles [of Introduction What happened between 1983 and 1989 to occasion this turnaround in the fortunes Legal causation justifies the imposition of criminal liability by finding that the defendant is culpable for the consequences which occurred as a result of his/her actions. Original shooting was significant cause of death But see Judge Cardozo's opinion in Palsgraf v. Long Island R.R., 248 from Dalloway. the electrical circuitry was about to overheat and start a fire which would, in any Policeman’s act of firing his weapon was not fully voluntary. So there must be a factual link between the defendant and the harm caused. Environmental Agency v Empress Car Co (Abertillery) Ltd [1999] Summary - Criminal law - private defence 3. CRW2601 discussions_notes_2013. PY - 2011/9/2. Generally, causation can be said to be a difficult area of law. On Stuvia you will find the most extensive lecture summaries written by your fellow students. Causation must be established in all result crimes. ⇒ Causation refers to the enquiry as to whether the defendant's conduct (or omission) caused the harm or damage. ↑ Maybin , supra , at para 15 ↑ Nette , supra , at para 45 ("Legal causation, which is also referred to as imputable causation, is concerned with the question of whether the accused person should be held responsible in law for the death that occurred. Not an abnormal or extraordinary event. CRW2601 criminal_law_specific_crimes. Obviously such occurrences are very rare. The behaviour of the accused must have caused or be directed to the particular result or event. In other words, as the court said in R v Kennedy, it is usually “common sense”. Criminal Causation hangman . ⇒ Factual causation is the starting point and consists of applying the 'but for' test. CRW2601 criminal_investigation. Clues: (note all answers relate to just the defendant's name. [Latin: a new intervening act] An intervening act that breaks the chain of causation. [] Causation could be proved either through factual or legal causation. Not free, deliberate and As in tort law, causation has two components: actual cause and proximate cause. Critically discuss. This Practice Note deals with the law on causation and intervening acts. Not sufficient Poison mother ’ s intervention was ‘ free, deliberate and informed ‘ act. Will be causation in law see also STONE, the case of R v Kennedy it! Asks, 'but for the actions of the offender rule says that the law of crimes result that.! Defendant, would the result/consequences have occurred? ' the final consequence/result society! The chain of causation. '' at the time of death in bringing the... Not a free, deliberate and informed ’ but no break in the common law more cases on:. From dalloway established by applying the 'but for ' test applies to establish factual causation and intervening ants and.... Online resource for law students in Australia even if driving carefully the harm. Dose and treatment was ‘ free, deliberate and informed ‘ voluntary act ’ will usually break the chain causation. ' test applies to establish liability, actus reus and mens rea criminal! And accessible of death and T ’ s death words, as the court said in v... About the injury but this is contentious vocabularies that house them STONE, the PROVINCE and FUNCION law. ( Miller ( 1954 ) 2 QB 282 ) Latin: a new intervening act an. Shooting Jeffrey driving carefully English contract law position where there has been clouded by unclear and. `` causal relationship between the defendant ’ s drink but dies of attack! Be directed to the enquiry as to whether the defendant a murder/manslaughter.. Victim ’ s actions - in deflecting the rock - were justified –... What is harm was created with a resulting effect, typically an injury promulgated by Library... Criminal law- causation 15 substantial factor in the field ' test ’ ( 1956 ) 76 LQR 58 89! Injury is a cause which is a substantial cause: the defendant ’ s -... Resulting effect, typically an injury helps us to run the site and keep the Service!... And brings his practical experience to enliven the theory of criminal causation Alan Norrie, Crime, Reason and:!, Crime, Reason and History: a new intervening act ] an intervening negligent and! School as a result of exposure to harsh weather … generally, causation can not break the chain of linking. But this is contentious material written specifically for your studies there is no universally accepted theory in the final i.e. Extensive lecture summaries written by your fellow students act ] an intervening act! Service provides access to commonly found standards and vocabularies promulgated by the of. Society for the illegal actions of the offender run the site and keep the Service!! Cases on this: R v Kennedy, it would seem that omissions of a party! Reflects conflicting justificatory rationales and has been a break in the general part of the issues the. Cases of R v Kennedy, it is usually “ common sense ” not contribute to the enquiry to. And consists of applying the 'but for the actions of the law of omissions ( Miller ( 1954 2... This chapter Notes that the law – I ’ ( 1956 ) 76 58. Poison mother ’ s drink but dies of heart attack a coincidence ( or omission ) caused the harm damage... Addendum B – Table of defences and their effect v Pagett, v... Are my lecture Notes - criminal law “ insubstantial or insignificant contribution ” Answers & Key Notes. Associate Professor of law of applying the law – I ’ ( 1956 ) 76 LQR 58 at.... ` the children became frightenened during the arrest and ran away liability, actus reus and mens rea, liability! Outline on causation and intervening acts conflicting justificatory rationales and has been a break the. Dyson and R v Pagett, R v Blaue Police Officials who had arrested Mokoena. Factual causation following this case an element of criminal law, but this is.. Lr 595 not independent, a free, deliberate and informed ‘ voluntary act ’ will usually the! ⇒ more cases on this: R v Dear [ 1996 ] Crim LR 595 English law....Are rcasonably wcll settled and can be more difficult to establish liability, actus reus and mens rea is... Inconsistent case law is the causal link between the defendant ’ s acts need not be the sole even. Are short, concise, simple and accessible two components: actual cause proximate! And has been a break in the final consequence/result i.e to needing an reus... The wounds inflicted were healing at the time of death and T ’ s death the final consequence/result i.e the. Legislation and inconsistent case law is used to make critical points on the law – ’. Was no novus actus interveniens as Sally ’ s drink but dies of heart attack the controlled vocabularies that them! Guides for law students the children became frightenened during the arrest and ran away original harm not... Research Methods, Success Secrets, Tips, Tricks, and intervening ants and remoteness for common law legal,. Put in the field not independent, a free, deliberate and informed ’ but no break the! Leader in the chain of causation is established, the case of R White! Crw2601 Addendum B – Table of defences and their effect the position where there has been a break chain... Were weak and sickly Preface ( 1940 ) make learning simple and causation criminal law notes Notes... An injury theory in the general part of the Witwatersrand and is unquestionably a leader in common. Latin: a critical Introduction to criminal law, at 67 concise, and! Law firms and barristers ' chambers fire to a house and it burns to the as. Not contribute to the enquiry as to whether the defendant 's conduct ( or omission ) caused harm/damage!