Law AS †causation model answer Essay

There are two types of causation which are necessary to establish criminal liability. These are factual causation and cause in honor (also known as legal causation).Factual causation means that the defendant can only be found guilty if the consequence would not thrust happened but for the defendants conduct. This was seen in the case of Pagett (1982). Similarly, a defendant cannot be found guilty if the victims death was unrelated to the defendants actions (as in White, 1910).Legal causation, where the actions of D must be found to have caused the consequence, can be established as long as the fibril of causation (between the act and the consequence) has not been broken.There are a number of ways in which this chain can be broken, Firstly, through the act of a third party, an example of which is medical treatment that is deemed to be palpably wrong such(prenominal) as that seen in Jordan (1956) Secondly, where the victims own act is so daft as to not be reasonably expected, as se en in Williams (1992) Finally, as a result of a natural but unpredictable event, such as a flood or an earthquake.Despite external factors, the chain of causation is not deemed to have been broken as long as the Ds actions are more than a minimal cause of the consequence. Similarly, the defendant must also take the defendant as they find them. This is known as the thin skull rule (as seen in Blaue 1975), meaning that there is legal causation even if Ds actions would not have caused those consequences in a well-ordered or normal person.