The concept of murder within the scope of english criminal law and with the proper and relevant case law.
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Yellow: legislation (includes case law and acts of Parliament)
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Causation The rules which decide whether D is responsible for a crime.
´But for’ test A finding that had it not been for D’s action, the harm would have not occurred.
Novus actus interveniens The intervention of V, third party or natural event, which means that D is no longer
responsible for the subsequent consequences of their actions.
THE GUIDING RULE OF CAUSATION
The prosecution must prove that D’s acts were ´a substantial and operating cause`
Rules:
1) CHESHIRE (1991) V needs a tracheotomy as a result of an injury sustained in a fight. The doctors
negligently performed the operation and V died.
D’s act doesn’t need to be the whole cause but more than a minimal one.
2) AG’S REF (Nº4 OF 1980) (1981) D pushes V down the stairs, then he puts a rope around her neck, and
he finally takes a knife and slashes her throat to make sure she is dead. After she is dead, D cuts her body in
pieces.
The prosecution doesn’t need to prove which one of D’s act caused the harm, as long as it is clear that one of
those did.
3) LONGBOTTOM (1849) D is speeding and hits a pedestrian that was in the middle of the road and kills
him.
Even if V is to blame for part of the outcome, D will be found guilty if factual causation is satisfied.
´BUT FOR`CAUSATION
´Causa sine qua non` The jury must ask themselves what would have happened had D not acted
WHITE (1910) If D kills someone who was due to die from other reasons shortly afterwards, D will still
be guilty of causing V’s death.
D is only liable for a criminal offence if a wrongful act of his own causes the harm
DALLOWAY (1847) D, driving a horse cart, without properly looking, ran over a child. Held that, even if
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