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Rules of Causation Case. Jess throws paint in Sams eyes. Sam had to go to hospital to have paint removed from his eyes. On the way home, just before his sight was fully recovered, he tripped on the kerb and fractured his skull.
- Essay length: 664 words
- Submitted: 31/01/2012
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Marked by teacher:
Nick Price
Teacher essay summary
This is a good answer. It briefly but accurately outlines each of the rules of causation and supports each rule with relevant case authority. Each rule is accurately applied to the facts of the scenario.
It may be unnecessary to include the last two points of novus actus as they are not relevant to the scenario. Try to select relevant material, especially in a time limited situation.
Rating *****
Marked by teacher Nick Price 22/03/2012
The first 200 words of this essay...
Jess throws paint in Sam's eyes. Sam had to go to hospital to have paint removed from his eyes. On the way home, just before his sight was fully recovered, he tripped on the kerb and fractured his skull.
- Outline the rules of causation and briefly discuss whether Jess caused Sam's fractured skull (7 marks)
Once it has been established that the defendant performed the act, the prosecution must prove that it was the defendant's conduct which caused those consequences to occur. The prosecution has to show that the defendant's conduct was the factual cause of that consequence, the defendant's conduct was in law the cause of that consequence and there was no intervening act which broke the chain of causation.
There are two types of causation, factual causation, the defendant can only be guilty if the consequences would not have happened but for this act. An example of this is, R v Pagett, the defendant used his girlfriend as a human shield against police fire. He shot at the police, they fired back, killing his girlfriend. But for his actions she wouldn't have died. This relates to the scenario because but for Jess throwing paint
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MbT essay summary
This is a good answer. It briefly but accurately outlines each of the rules of causation and supports each rule with relevant case authority. Each rule is accurately applied to the facts of the scenario.
It may be unnecessary to include the last two points of novus actus as they are not relevant to the scenario. Try to select relevant material, especially in a time limited situation.
Rating *****
