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Legal Causation.
Member rating: No Rating | Words: | Submitted: Thu Mar 18 2004
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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. Therefore if it was for Ali's attempt to injure Charlie by punching him this tragedy may not have occurred. This could also relate to the Men's Rea,...
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