Causation

The concept of causation is based upon the elements which go to make up criminal offences.

The concept of causation is based upon the elements which go to make up criminal offences.  Namely that there must be an actus reus or guilty act and the necessary state of mind or mens rea

To say that actus reus means the guilty act is probably an over simplification.  It is not enough that the defendant has committed an act, the term is wider in its application and includes all the circumstances surrounding the commission of the offence, including particular conduct, results or consequences or states of affairs.  In some situations it also includes omissions but these are restricted to special circumstances.  In the case of murder for example there must be an unlawful killing of a human being under the Queen’s peace with malice aforethought.  If the victim does not die then there may be an alternative charge of one of the more serious assaults.

The prosecution must establish a causal link between the victim and the defendant.  This is a matter of evidence which should be brought out at the trial.  It is a matter for the jury at the end of the day.  It is their decision i.e. whether to convict or to acquit.

 

Causation # 1 - 'But For' by The Law Bank Youtube

Causation # 2 - Legal Causation by The Law Bank Youtube

Causation # 3 - Intervening Acts by The Law Bank  Youtube

causation in law :: www.forensicmed.co.uk

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