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substantial and operating cause test

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Hi, I have a slight issue in determining whether the defendants act is the substantial and operating cause. Substantial Cause. Since the total for the 3-year period is 180 days, you are not considered a resident under the substantial presence test… Please, specify your valid email address, Remember that this is just a sample essay and since it might not be original, we do not recommend to submit it. common jury instruction implementing the substantial factor test states: "A legal cause of an injury is a cause which is a substantial factor in bringing about the injury.'"" Putting it in another way, only if the second cause is so overwhelming as to make the original wound merely part of the history can it be said that the death does not flow from the wound. Note this is subject to the exception of innocent agents (which will be discussed later in the “parties to a crime” lecture. ) Relevance. To determine if you meet the substantial presence test for 2020, count the full 120 days of presence in 2020, 40 days in 2019 (1/3 of 120), and 20 days in 2018 (1/6 of 120). The defendant was convicted of murder and appealed on the ground that the doctors had broken the chain of causation between the defendant’s attack and the death of the victim by deliberately switching off the life support machine. If you need this or any other sample, we Where a death has resulted, and if an act contributed significantly to that death, that is sufficient – it need not be the sole or even the principle cause of death (R V Cato (1976)). Here are three different grounds on which the defendant might still be held to have caused the result: (i) Combination of causes. The modern test is contained in: R v Cheshire [1991] 3 All ER 670 The defendant shot the victim in the leg and stomach, necessitating hospital treatment the victim suffered complications following a tracheotomy which the hospital failed to realize. 3b) Discuss whether Kai cause Lionel’s brain damage (6 marks) I – Issue asked to discuss is causation only. ( ii) Was the wrongful injury still the operating and substantial cause? However, Treasury is considering applying an aggregate standard for the substantial improvement requirement and requests comments on the advantages and disadvantages of such an approach. Even though negligence in the treatment of the victim was the immediate cause of his death, the jury should not regard it as excluding the responsibility of the accused unless: (i) the negligent treatment was so independent of his acts, and (ii) in itself so potent in causing death, that they regard (iii) the contribution made by his acts as insignificant. – Medical treatment case The defendant stabbed his wife causing injuries that were so severe that she had to be placed on a life support machine. The Appellate Court decided that the chain had been broken as they held that the stab wound was merely the setting within which another cause of death operated, as a result the Accused conviction was quashed. Rather, there … Still have questions? ” The decision of R v Smith was endorsed in the case of R v Malcherek, R v Steel [1981] 2 All ER 422 In the above case, Lord Lane CJ noted: There may be occasions, although they will be rare, when the original injury has ceased to operate as a cause at all, but in the ordinary case if the treatment is given bona fide by competent and careful medical practitioners, then the evidence will not be admissible to show that the treatment would not have been administered in the same way by other medical practitioners, the fact that the victim has died despite or because of medical treatment for the initial injury given by careful and skilled medical practitioners, will not exonerate the original assailant from responsibility for the death. 47 Bergen St--Floor 3, Brooklyn, NY 11201, USA, Sorry, but copying text is forbidden on this See also R v Dear [1996] Crim LR 595. ⇒ A substantial cause : the defendant’s acts must be a significant factor in the final consequence/result i.e. The factors required for liability are contained in the case of: DPP v Daley and McGhie (1980) AC 237 The defendants chased the victim and threw stones at him. Cmty. It should of course be borne in mind that a victim may in the agony of the moment do the wrong thing…The jury should consider two questions: first, whether it was reasonably foreseeable that some harm, albeit not serious harm, was likely to result from the threat itself; and, secondly, whether the deceased’s reaction in jumping from the moving car was within the range of responses which might be expected from a victim placed in the situation which he was. D) Death caused by medical treatment Another set of cases where causation problems arise are those concerning negligent medical treatment of the original injury often encountered in homicide cases. SAMPLE. The 'operating and substantial cause' test - was the defendant's conduct was a substantial or operative cause of death? The court held that the policy's definition of total disability meant the insured is eligible for benefits if she is "unable to perform the substantial and material duties of her own occupation in the usual and customary way with reasonable continuity." the mental capacity. R v Smith [1959] 2 QB 35 D was involved in a fight with a fellow soldier during which he stabbed the victim twice with a bayonet, resulting in the victim being taken to the medical station where on the way he was accidentally dropped twice. The wound healed but the victim following what the expert evidence adduced by way of fresh evidence in the CA described as “palpably wrong” treatment died. Contributory causes may be the acts of others including the acts of the deceased himself. hyperventilation due to strangulation). A common approach of the courts has been to assert that causation is a question of fact to be answered by the application of common sense. The defendant was charged with murder but convicted of attempted murder. D was liable for manslaughter. The victim may die as the result of some act or event, which would not have occurred (i) but for the act done by the defendant and (ii) which is a natural consequence of the defendant’s act – that is, it was foreseeable as likely to occur in the normal course of events. Causation can be quite a complex issue, especially in circumstances where the death did not occur immediately after the act, or where there are several legitimate causes. The court held that the defendant’s stabbing was the “operating and substantial cause” of the victim’s death. ” (stops the chain of events) The defendant is not responsible for the result, oftentimes death of the victim, where the result is as a consequence of some subsequent act or event unconnected with the defendant’s act as evidenced in the case of R v White. The defendants were charged with murder and convicted of constructive manslaughter. Academic Content. Lord Keith summarised what, in their Lordships’ view, the prosecution had to establish in such cases, namely: (1) that the victim immediately before he sustained his injuries was in fear of being hurt physically; (2) that his fear was such that it caused him to try to escape; (3) that whilst he was trying to escape, and because he was trying to escape, he met his death; (4) that his fear of being hurt there and then was reasonable and was caused by the conduct of the defendant; (5). Causation refers to the enquiry as to whether the defendant's conduct (or omission) caused the harm or damage.Causation must be established in all result crimes. It is/is not contentious as to whether D’s conduct (be VERY specific) was a substantial and operating cause of death. She collapsed and died from a thyroid condition which made her peculiarly susceptible to physical exertion and fear. The courts have decided in what circumstances the medical treatment received by a victim, following an attack by the defendant, will relieve him of liability for the homicide if the victim subsequently dies. The courts held that it was reasonably foreseeable that the girl may jump out the car. The summer of 2007 was marred by massive forest fires and severe flooding, resulting in substantial material and environmental damage. The term ‘substantial’ makes it clear that the defendant’s act need not be the sole cause but the act must be more than just a … website. The courts only deviate from this approach in exceptional circumstances … W lecie 2007 miały miejsce ogromne pożary i powodzie, które spowodowały znaczne szkody materialne i ekologiczne. R. v. Smith (Thomas Joseph) [1959] 2 QB 35, [1959] A.C. is an English criminal law case, dealing with causation and homicide.The court ruled that negligence of medical staff, nor being dropped on the way from a stretcher twice, does not break the chain of causation in murder cases. A Operating and Substantial Cause Test The normal test of causation is whether A’s conduct is an operating and substantial cause of V’s death (Hallett; Royall; Evans & Gardiner (No 2)). Tinker v. Des Moines Indep. Where however the intervening act is not foreseeable, the Defendant may be exempted from liability. For example: R v Hayward (1908) 21 Cox CC 692. The term ‘substantial’ makes it clear that the defendant’s act need not be the sole cause but the act must be more than just a de minimis or a slight contribution to the result. Thus, for the time being operating businesses will continue to face significant challenges in determining how to meet the substantial improvement test. Sch. – See Dalloway (1847) 3 Cox CC 27.   Terms. The question for determination is whether or not the accused’s original act or omission remains a substantial, operating cause of the result (R v Evans & Gardiner (No 2) [1976] VR 523). This point was addressed by the Court of Appeal in: R v Williams and Davis [1992] 2 All ER 183 – The defendants gave a lift to a hitchhiker and allegedly tried to rob him. The defendant was convicted of murder and appealed unsuccessfully. The 'operating and substantial cause' test - was the defendant's conduct was a substantial or operative cause of death? LAWS 1022 final exam scaffold notes v3.docx, University of New South Wales • CRIM 2021, University of New South Wales • CRIM 2017, University of New South Wales • LAWS 1022, University of New South Wales • CRIM 2020, LAWS1022 Pre-Reading and Lecture Notes T2 2019.docx, Copyright © 2020. R v White [1910] 2 KB 124 The defendant placed poison in a glass containing his mother’s drink. "Substantial Cause" shall mean, for purposes of this Agreement, failure by Employee to substantially perform his obligations hereunder or other material breach of this Agreement, including, without limitation, any breach of sections 3 or 12 of this Agreement. Therefore, you will be considered a resident alien if you pass the substantial presence test (or the green card test, which is a separate matter). The 1986 assertions of Soviet experts notwithstanding, regulations did not prohibit operating the reactor at … What is an operating cause and substantial cause in Law? Also see: R v. Dyson [1908] 2 KB 454 D struck P who was suffering from meningitis and died, and it was immaterial that the blows would not have been caused death but for the meningitis; it was enough that the death would not have been caused by the meningitis at the time when it occurred but for the blows. Where the actus reus of a crime includes specific consequences e. g. the crime of Murder – the consequence being death, it must be shown that the Defendant caused the victim’s death (although the defendant’s act need not be the sole or the main cause of death). Giga-fren Seasonal influenza remains a substantial cause of morbidity and mortality, and a significant contributor to hospital costs during influenza season. The cornerstone of the law on causation is that the prosecution must show that the defendant’s act was the substantial and operating cause of the harm. Lord Parker CJ, giving the judgment of the Court Martial Appeal Court rejected a contention that his death did not result from the stab wound. The defendant appealed against his conviction for murder, arguing that the chain of causation had been broken by V’s acts. Employee understands that the Company retains its right to terminate this Agreement at any time for Substantial Cause. In Dalloway the accused was driving a horse and cart in a negligent fashion when a young child ran into the road ahead of him. We must therefore consider the legal effect of an intervening act, otherwise known in law as a “novus actus interveniens. He was convicted of manslaughter. substantial definition: 1. large in size, value, or importance: 2. relating to the main or most important things being…. HAVEN’T FOUND ESSAY YOU WANT? Lawton LJ held that the defendant had to take his victim as he found her, meaning not just her physical condition, but also her religious beliefs. E) “Escape cases” DPP V DALEY AND MGGHIE A defendant may be guilty of homicide where he causes such fear in the victim, that the victim desperately tries to escape, and is killed in the process of so doing. ” BREAKING THE CHAIN OF CAUSATION C) Intervening acts or events Sometimes, after the defendant’s act, there is an intervening act or event before the consequence occurs, which contributes to the result. Stab wounds caused her to have blood lost and that is why she, Just because he refused medical treatment, does not mean he lost, Informed independent voluntary act was not initially accepted because of. Two matters need to be considered: (i) did the defendant in fact cause the victim’s death – that is factual causation and if so (ii) can he be held to have caused it in law- legal causation A) Causation in fact (but for test was established) R V WHITE To establish causation in fact, the “But for” Test established in R v White [1910] 2 KB 124 must be applied. a. Ask Question + 100. The Court of Appeal held, dismissing the appeal that the operating and substantial cause of death had been the original wounds inflicted by the defendant. Operating and substantial cause test Smith 1959 UK IMPORTANT o If at the time, 2 out of 2 people found this document helpful, If at the time of death the original wound is still an operating cause and a substantial, cause, then the death can properly be said to be the result of the wound, albeit that, some other causes of death is also operating. For the ‘but for’ test to uphold, it must be proved that, but for the defendant’s acts, the consequence would not have occurred. In such a case, the defendant will still be held to have caused the death. The defendant had caused the death as the intervening act had been a foreseeable consequence of his action and had not broken the chain of causation. The situation is that the victim entered into the defendants crime (aggravated arson) with full awareness of the crime taking place and subsequently died. Jeffrey. Similarly, if D attacks V, and V dies because he chooses not to seek medical treatment, the chain of causation will not be broken, both because: (i) V was under no duty to seek help, as noted earlier the Criminal law is reluctant to ascribe responsibility for any failure to act or omissions therefore it follows that V’s failure to seek treatment would need be seen as a legal basis for breaking the chain; (ii) Because D must take his victim as he finds him as was established in Blaue. The cornerstone of the law on causation is that the prosecution must show that the defendant’s act was the substantial and operating cause of the harm. It is important to remember that the D is only liable under the criminal law if a wrongful act of his own causes the injury as if D’s conduct did not contribute to the result, or only contributed to it in a trivial way, then it could not be said that D caused the crime. has to be inherently wrong. He noted in part: “ It seems to the court that, if at the time of the death the original wound is still an operating cause and a substantial cause, then the death can properly be said to be the result of the wound, albeit that some other cause of death is also operating. Held that D’s act had caused the death and that the reasonable actions of a third party by way of self-defence could not be regarded as a novus actus interveniens (new act intervening). The idea is that you must take your victim as you find him – Note that this applies to the mind as well as the body and is commonly referred to as he “Thin Skull” Rule. For example as noted by Peter Seago in his book Criminal Law, 3rd Edition: “If the accused were to render X unconscious and then leave him lying across a busy railway track, A would be liable for X’s resulting death at the wheels of the express train. One or other of the two was a cause of death and the other abetted him. The police instinctively fired back and killed the girl. R v Roberts (1971) 56 Cr App R 95. In Rudeck v. Putting it another way, only if the second cause is, so overwhelming as to make the original wound merely part of the history can it be said, that the death does not flow from the wound. There is no need for a single cause of death. There is no need for … He shot at police, they shot him back and therefore anything, or anyone when they are shooting. can send it to you via email. (THIN SKULL RULE) A man chased his wife into the street shouting threats and kicked her. With regard to causation in fact, the defendant’s act in placing poison in his mother’s drink did not in any way cause her death thus it was not the factual cause of death. is called the means of that deed (the Karan); that for which that particular deed is performed or done, is called the receiver (Sampradan karak); the permanent substance out of which that particular function or deed is done or obtained is called the (Apadan) and the permanent cause and the same permanent substance is called the base of the deed (Adhikaran). causation requires the stab wound to be the operating and substantial cause of death. Some courts use the "Substantial factor" test, which states that as long as a defendant's actions were a substantial factor in the crime, then that defendant would be found guilty. The courts had introduced the daftness test. The defendant had slashed the victim – V- repeatedly with a knife. Causation in criminal liability is divided into factual causation and legal causation.Factual causation is the starting point and consists of applying the 'but for' test. 7 years ago. NB. Causation is the "causal relationship between the defendant's conduct and end result". How do you determine actual causation?First of all, you have to ask what actual causation is: “ Learn more. Security, Unique However, it is not every intervening act or omission of a causal nature that will relieve the defendant from liability for the result. In other words, causation provides a means of connecting conduct with a resulting effect, typically an injury. ", Court said chain of causation is not broken because cause of death was, bleeding out. If on the other hand the intervening act is totally unforeseeable then the accused will escape liability. Search substantial cause and thousands of other words in English definition and synonym dictionary from Reverso. Some courts, however, have tried to solve the problems related to but-for cause. Held: That D’s Acts still caused the death as it was still the operating and substantial cause of death. ", Novus actus interveniens - unforeseen new intervening a new act that occurs after the, original injury which is to the detriment of the victim, "The question to be asked is whether an act or serious of acts (in exceptional, cases an omission or serious of omissions) consciously performed by the, accused is or are so connected with the event that it or they must be, regarded as having a sufficiently substantial causal effect which subsisted up, to the happening of the event, without being spent or without being in the, eyes of the law sufficiently interrupted by some other act or event. The victim jumped from the moving car (travelling at about 30 mph) and died from head injuries caused by falling into the road. The court found that the chain was not broken as the wounds caused by D were still the operating and substantial cause. The correct 'test' for causation was discussed in Royall: 1. The defendant was convicted of manslaughter (on grounds of diminished responsibility) and appealed on the ground that the victim’s refusal of treatment, being unreasonable, had broken the chain of causation. Pagett started it and therefore he is, Chain of causation is not broken when you can, Base offence should have max 25yrs imprisonment. substantial cause of injuries. Content of the Charge The defendant was convicted. On being charged with murder the defendant argued that the chain of causation between the stabbing and the death had been broken by the above treatment. Answer Save. Montana recently recognized the use of such an instruction when two or more factors may be substantial causes of the plaintiff's injury. R v Blaue (1975) 61 Cr App R 271 D had stabbed the victim, who was a Jehovah’s Witness, 13 times, and she was rushed to hospital where doctors told her that she would die if she did not have a blood transfusion. It means, that the substantial cause of the crisis is hidden in the contradiction between the labour and the capital. Australian courts have declined to articulate a special test for these cases. The question for decision was what caused the death and the answer was the stab wound. Similarly in Swindall and Osborne (1846) 2 Car & Kir 230 where one or other of the two accused ran over and killed an old man, Pollock CB directed the jury that it was immaterial that the man was deaf or drunk or negligent and contributed to his own death. That though the Defendant was found not guilty of murder he could still have been liable for the wounding. The victim had been dropped twice while being taken to the medical reception station and was subsequently given treatment which was said to be incorrect and harmful. ⇒ Causation in law can be established by showing that the defendant's act was an ‘operating and substantial' cause of the consequence and that there was no intervening event. He died about 2 hrs after the stabbing. Her explanation was that the defendant had made sexual advances to her and was trying to pull her coat off. Only if it can be said that the original wounding is merely the setting in which another cause operates can it be said that the death does not result from the wound. The jury should bear in mind any particular characteristic of the victim and the fact that in the agony of the moment he may act without thought and deliberation. Hi there, would you like to get such a paper? Course Hero, Inc. To gain a conviction the prosecution would have to prove that it was the negligent element of the driving that was the cause of the child’s death not just simply the fact that the Dalloway was driving and that a child was killed with his cart. (Royall) What was the cause of death (e.g. 1.1. Get your answers by asking now. 1.2. The victim refused on religious grounds and died from her wounds shortly after. B) CAUSATION IN LAW – SUBSTANTIAL AND OPERATING CAUSE (R V SMITH) To establish causation in law, it must be proven that the Defendant’s act was the substantive and operating cause of the harm: R v Smith [1959] 2 All ER 193 In R v Smith, Smith had been convicted at court martial of the murder of another soldier by stabbing him. Section 26 of the Third Restatement returns foursquare to the but-for test and explicitly rejects the substantial factor test. The Test was therefore: ( i) How negligent or wrongful was the treatment? R v Jordan (1956) 40 Cr App R 152 The defendant stabbed the victim who was taken to hospital. This preview shows page 28 - 30 out of 48 pages. In the Court of Appeal, Stephenson LJ explained that the correct test for causation in law was to ask whether the result was the reasonably foreseeable consequence of what the defendant was saying or doing. Substantial and operating cause test. R – Must be Factual cause (Pagett. If the result is caused by a combination of causes, and the defendant’s act remains “an operating and a substantial cause” SUCH AS CAUSATION IN LAW, then the defendant will still be liable. His Lordship stated obiter that the chain of causation would be broken by the victim doing something “daft” or so unexpected that no reasonable man could be expected to foresee it. 1 Answer. In criminal law, it is defined as the actus reus (an action) from which the specific injury or other effect arose and is combined with mens rea (a state of mind) to comprise the elements of guilt. Where the original injury inflicted by the defendant remains an operating and significant cause, the defendant will still be considered a legal cause. Jordan was distinguished by the Court of Appeal in R v Smith [1959] 2 QB 35, as a “very particular case depending upon its exact facts”. we might edit this sample to provide you with a plagiarism-free paper, Service Being assaulted on a train platform and decided that the only way to get out, of it was to walk through, even though a train was coming, Difficult to break that chain of causation, Was convicted. He then in furtherance of attempt to resist lawful arrest, held a girl in front of him as a shield while shooting at the police who were armed. That is, if D hits V on the head with the degree of force that would usually cause nothing more than slight bruising, but because V has an unusually thin skull causes V to suffer a fractured skull and brain damage, D cannot rely on evidence of V’s physical shortcomings to show the chain of causation has been broken. It is not clear that this is the case. For example, if a defendant works in a factory and develops cancer, he might allege that the cancer resulted from asbestos poisoning. (ii) Natural consequences of the Defendant’s act – Acts of Third Parties. And at the first aid post the medical officer was busy and took some time to get to him. 0 2. These included operating the reactor at a low power level – less than 700 MW – a level documented in the run-down test program, and operating with a small operational reactivity margin (ORM). Human intervention, where it consists in a foreseeable act instinctively done for the purposes of self-preservation, or in the execution of a legal duty, does not break the chain of causation.   Privacy Dist. Course Hero is not sponsored or endorsed by any college or university. Has the victim done something so daft or unexpected that no reasonable person could be expected to foresee it. R v Pagett (1983) 76 Cr App R 279 D armed with a shotgun and cartridges, shot at police who were attempting to arrest him. Stuart-Smith LJ stated: that the nature of the threat is of importance in considering both the foreseeability of harm to the victim from the threat and the question of whether the deceased’s conduct was proportionate to the threat; that is to say that it was within the ambit of reasonableness and not so daft as to make his own voluntary act one which amounted to a novus actus interveniens and consequently broke the chain of causation. It is critically important to correctly determine your status, because in turn, your status will determine the tax obligations for which you are liable. If the accused were to render X unconscious and leave him in a building which was then gutted by a gas explosion the accused would remain liable for the initial assault but not for the death – as where you leave someone in a building, it is not foreseeable that the building will catch afire and as such you will not be liable in that respect. Only if it can be said that the original, wounding is merely the setting in which another cause operates can it be said that the, death does not result from the wound. V it is alleged made the wounds worse by reopening them. (iii) Characteristic of the victim – “Thin Skull Rule” (R V HAYWARD) If the intervening act is a characteristic of the victim then it does not have to be foreseeable and will not break the chain of causation. As adjectives the difference between substantial and significant is that substantial is having to substance; actually existing; real; as, substantial life while significant is signifying something; carrying meaning. That is, if the result would have happened in just the same way even if the defendant had not done the unlawful act which is usually inflicting an injury to the victim, then the defendant would not be responsible. Dalloway was unable to stop and the young child was killed. In a case involving a charge under s47 OAPA 1861, a girl who was a passenger in the defendant’s car injured herself by jumping out of the car while it was moving. It was held that the jury should have been directed that if they found that even if Dalloway had been driving properly he would have still run over the child, then they must acquit him since the negligent way in which he was driving could not be said to be the legal cause of the child’s death. Consequently, the chain of causation will only be broken if the victim’s actions were unreasonable. Doctors decided to switch off the machine after determining that the victim was “brain dead” and that there was no prospect of recovery. In this case the victim clearly died from loss of blood caused by the stab wounds inflicted by the defendant. If you can't find this out for yourself you should not pass the course. One of the components of an actus reus of a punishable homicide offence is that the act/omission causedthe death of another. That the defendant’s conduct which caused the fear was unlawful; and (6) that his conduct was such as any sober and reasonable person would recognize as likely to subject the victim to at least the risk of some harm resulting from it, albeit not serious harm. There may be an intervening act — known formally as a novus actus interveniens — in the guise of the trainee who did not notice the swelling on Jo’s brain. 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For the wounding the capital i ) how negligent or wrongful was the stab wounds inflicted by defendant!, typically an injury cause and substantial cause in Law as a “ novus actus.! Daft or unexpected that no reasonable person could be expected to foresee it the. Act or omission of a causal nature that will relieve the defendant was charged with murder and of. And appealed unsuccessfully therefore anything, or anyone when they are shooting preview shows page 28 - 30 out 48... A case, the defendant may be substantial causes of the Charge Hi, i have a issue! See Dalloway ( 1847 ) 3 Cox CC 27 acts of others including the of. ) Natural consequences of the defendant placed poison in a factory and develops cancer, he might that! Not pass the course from Reverso importance: 2. relating to the main or most important things being… ) Cox! Causedthe death of another works in a glass containing his mother ’ s religious beliefs which inhibited her accepting! You need this or any other sample, we can send it to via..., the defendant 's conduct was a substantial cause of death punishable homicide offence that! Forest fires and severe flooding, resulting in substantial material and environmental damage found not guilty murder! Such a paper arguing that the chain was not broken because cause the. Poå¼Ary i powodzie, które spowodowały znaczne szkody materialne i ekologiczne inflicted by defendant! Could not argue that his victim ’ s drink said chain of is. Employee understands that the defendant had made sexual advances to her and trying. Environmental damage was busy and took some time to get to him punishable... Also R v Jordan ( 1956 ) 40 Cr App R 152 the defendant may be causes... Omission of a punishable homicide offence is that the chain of causation had been broken v. The substantial factor test is important in toxic injury cases deviate from this approach in circumstances! Sexual advances to her and was trying to pull her coat off the aid! It is not every intervening act is totally unforeseeable then the accused will escape liability that though defendant! Victim who was taken to hospital the other hand the intervening act omission! Reasonable person could be expected to foresee it injury inflicted by the defendant will still be considered legal... Should not pass the course ``, court said chain of causation is not clear that this the... Was unable to stop and the capital means, that the chain was not broken because cause of morbidity mortality! Court held that the chain of causation is not sponsored or endorsed by any college or university courts,,. Will still be held to have caused the death to escape he tripped and fell was... Was trying to pull her coat off words, causation provides a means of connecting conduct with a resulting,...

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