• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

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 document...

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. ...read more.

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. ...read more.

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. ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our AS and A Level Criminal Law section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents 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...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related AS and A Level Criminal Law essays

  1. Marked by a teacher

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

    4 star(s)

    He lived with his housekeeper and mistress of 8 years, Gwendolyn Dobinson aged 43 who was described as ineffectual and inadequate. Ted's sister Fanny came to live with them. She had previously lived with another sister but had fallen out with her.

  2. Human Trafficking In Australia. This essay will be covering different aspect of human ...

    In 1999 Australia introduced the first of sexual slavery laws with the Criminal Code (Slavery and sexual servitude) amendment act 1999 (cth). This further refined and added more human trafficking offences to the Federal Criminal Code in the Criminal amendment (Trafficking in persons offences)

  1. The law relating to the defence of insanity is out dated and unsatisfactory. Reform ...

    If the defendant knows his actions are wrong, he cannot declare insanity, as resolved in Windle where the defendant assisted his wife who wished to commit suicide, but immediately acknowledged that ''I suppose they will hang me for this'', he knew what he was doing but believed what he was

  2. Opening statement prosecution Yorktown v.s Vasques

    To conclude this argument the question would be what did exactly happen the day of the incident. Better yet what happened before it? Let's go way back until when Karin went to the shelter on sometime of December 2003. When Melissa saw Karin she said that she was different from the rest of her clients.

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

    In the case of R V Kimsey 1996, the defendant was involved in a car crash as a result of a high speed chase. It was decided the defendants driving did not have to be a substantial cause of the other driver's death because the court could be sure that it was a cause that was something more than slight.

  2. Explain what is meant by the term 'causation' in criminal law and assess how ...

    The courts interpret these cases so as to have the defendant liable, even though the victim should have a duty to look after themselves, and religious grounds should certainly not be a reasonable enough reason to justify making the defendant liable for death when it was through the victim?s actions that death occurred.

  1. Nina runs a burger bar. She puts up a sign in the window saying ...

    Furthermore, the representation was 'made' by the defendant (Nina), she explicitly states these 'misleading' and 'untrue' statements. The mens rea for fraud by false representation is provided by section 2(2)(b) states that the defendant must know that the statement is or might be untrue or misleading, it is clear that Nina knows that her statement about vegetable oils is 'untrue'.

  2. Assess the impact of the introduction of the Human Rights Act 1998 on the ...

    In the case of Steel v UK, the arrest of protesters breached Article 5 on the grounds that it was peaceful and there was no obstruction or provocation. Also in the case of Austin v Commissioner Police of the Metropolis, there was a cordon of 3000 anti-capitalist demonstrators.

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work