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

Legal Causation.

Extracts from this document...


LEGAL CAUSATION The First rule of legal causation is the 'but for' test. This is illustrated in the case of R v White where the defendant gave poison to his mother but before it could take effect she died of a heart attack. The defendant was not liable for murder since it was the heart attack not the poison that killed her. The defendant was convicted for attempted murder. In the 'but for' test its believed that the victim would not have suffered the injury or death as and when they did. Applying this rule to Ali's case, Ali, the defendant assaulting Charlie may have not intended to kill him as in the R v White case but intended to cause possible injury towards Charlie. ...read more.


Applying this rule to Ali's case is not that significant because Ali most probably didn't intend to kill Charlie, but he's still dead. Ali wanted to injure Charles, where as Watson wanted to burgle someone's home not cause them personally any damage. Watson may have not known about the 87 year old 'frail hearted' man and how the man's life may have been affected by the burglary, I think it is similar to the 'Thin Scull' test because Watson may have not known the Victim's physical condition and their intention may have not been to cause them personally any danger. Ali on the other hand took the risk of injuring someone although there is a possibility of death occurring, however the defendant's state of mind resulted in an action of being provoked. ...read more.


to live but again it's Ali's fault why Charles was in the bad condition, therefore the ambulance couldn't be blamed for the death although is seems as though the ambulance has performed an Omission, a failure to act within the DUTY ASSUMED FOR ANOTHER, but if this was the case there would be too many cases filled against the service and there may be a legitimate reason or excuse for their late arrival. Considering the factual and legal causations to this case, I believe Ali is liable for the death of Charles, because the chain of causation was not broken; therefore it resulted in a crime. It may have not been intentional to kill Charles but it's a risk, even though maybe a low risk, Ali took with reacting violently to an argument. David Marchant KATE - LAW ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our GCSE Capital Punishment section.

Found what you're looking for?

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

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 GCSE Capital Punishment essays

  1. Causation - the 'but for' test.

    If a victim is attacked and left lying in the gutter and run over/dies from loss of blood/infection/exposure the attacker will be responsible. However the def wouldn't be liable if the victim was struck by lightening/killed via another assailant. R v Pagett (1983)

  2. Comparative legal systems

    After reading about the murders of Simmons and Moore, Dennis Weaver communicated with the police and the next morning Gregg and his travel companion were arrested in Simmons car, in Nashville. In their possession was a .25 caliber pistol, which was later found to be the weapon used to kill Simmons and Moore.

  1. Decide whether the rules of causation are now weighted too far against the interests ...

    It's also possible for doctors to switch off life support machines like in the case of Malcherek and Steel 1981: Where the two appellants had injured their victims so severely that they had to put on life support machines. When these machines were switched off by doctors, the defendants tried to claim that this action constituted a novus actus interveniens.

  2. Is an eye for an eye a legal remedy in the 21st century?

    Human rights have become more recognized among the people, the government, in legislation and in the cases where people are victims of the death penalty. Socially people have changed and many do not view the death penalty as a punishment that should be imposed.

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