Page
  1. 1
    1
  2. 2
    2

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.

Extracts from this essay...

Introduction

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.

Middle

Held defendant was substantial and operating cause of death as the victim died from blood loss as a result of the stab wound. This relates to the scenario because Jess is the operating and substantial cause of Sam's injuries, he sustained his injuries because of Jess' actions. Novus actus interveniens (new intervening act), this is where the chain of causation is broken and the defendant is no longer guilty. There are only three ways in which the chain of causation can be broken, this is by the act of a third party, the victim's own act and a natural but unpredictable event. An example of the act of a third party is, R v Jordan, the defendant stabbed the victim who was taken to hospital.

Conclusion

The thin skull rule is that you must take your victim as you find them. An example of this is, R v Blaue, the defendant stabbed a Jehovah's Witness who was told in hospital she would die if she didn't have a blood transfusion, on religious grounds she refused and died. Held the stab wound was still the substantial and operating cause due to the thin skull rule. This relates to the scenario because Sam tripped on the kerb due to the substantial and operating cause of having paint in his eyes. Jess did cause Sam's fractured skull. But for her actions of throwing paint in his eyes, he would not have tripped on the kerb. The substantial and operating cause for Sam tripping on the kerb was his partial sight caused by Jess throwing paint in his eyes.

The above preview is unformatted text

Found what you're looking for?

  • Start learning 29% faster today
  • Over 150,000 essays available
  • Just £6.99 a month

Here's what a teacher thought of this essay

5 star(s)

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

Not the one? Search for your essay title...
  • Over 180,000 student essays
  • Every subject and level covered
  • Thousands of essays marked by teachers

See related essaysSee related essays

Related AS and A Level Criminal Law essays

  1. The justifiable use of force in self-defence depends entirely upon the circumstances in which ...

    Then in Scarlett (1993) Beldam LJ inadvertently created the impression that the reasonable test was purely subjective. The defendant had used excessive force to evict a drunk from his pub, who fell down five steps, fatally striking his head and died.

  2. Causation. To establish causation it is necessary to firstly ask if the defendant in ...

    mental state which makes an injury more serious, then the defendant is liable for the more serious injury. An example of this is the case of Blaue 1975, where D stabbed an 18-year-old woman, V, and punctured her lung. At the hospital, V was told she would need a blood

  1. Explain the meaning of the term "causation"

    However if a victims actions are unforeseeable such as in R v Williams and Davis, where a man was having his wallet robbed and jumped out of the car and was killed, then the defendants arenât liable, as there is a break in the chain of causation.

  2. The rules and principles of causation not only provide fair practical solutions to the ...

    factual cause there is no reason to use further tests as it is only likely to increase the probability of allowing the defendant to be found not guilty, and therefore leaving a crime unpunished.

  1. Discuss whether trial by jury should be retained or abolished.

    A civil case is always expensive, and the use of a jury increases this as the case is most definitely likely to last longer. At the end of the civil case, the losing party will have to pay all the costs of the case which could amount of hundreds of thousands of pounds.

  2. How Satisfactory Is The Current Law On The Deception Offences?

    This therefore outlines a clear unsatisfactory point on the law on deception. Since the defendant has to make a deception deliberately or recklessly there would appear to be dishonesty on the part of the defendant in every deception case. Yet in all offences of deception the Acts also require the prosecution to prove that the defendant has acted dishonestly.

  1. Marked by a teacher

    Is the current law on the non-fatal offences against the person satisfactory?

    4 star(s)

    It was decided in Smith that GBH was "really serious" harm, and this was widened further in Saunders, when it was held that there is no difference if the word "really" is omitted from the definition. The concept of wounding as "a cutting of the whole skin" could, in theory,

  2. Marked by a teacher

    English law does not normally impose liability for an omission or failure to act ...

    4 star(s)

    despite knowing he was violent towards her daughter before. (He had previously broken the daughters arm) The Partner killed the baby by slamming her head onto a hard surface. By going to work she had failed to take adequate steps to protect her daughter.

  • Over 180,000 essays
    written by students
  • Annotated by
    experienced teachers
  • Ideas and feedback to write
    your own great essays

Marked by a teacher

This essay has been marked by one of our great teachers. You can read the full teachers notes when you download the essay.

Peer reviewed

This essay has been reviewed by one of our specialist student essay reviewing squad. Read the full review on the essay page.

Peer reviewed

This essay has been reviewed by one of our specialist student essay reviewing squad. Read the full review under the essay preview on this page.