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Legal Causation.

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Introduction

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.

Middle

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.

Conclusion

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.

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