Business, Legal & Accounting Glossary
In criminal law, there are two aspects to causation. Firstly, the prosecution must prove that the acts or ommissions of the defendant was the cause of the consequence both in fact and in law.
The factual test for causation is the ‘but for’ test, which is proved if the jury are satisfied that ‘but for’ the act of the accused the victim would not have suffered the same consequences.
The first element of legal causation is that the act or omission of the accused need not be the only cause, but it must be a ‘substantial and operating cause’. The second element is that there must not be a novus actus interveniens that breaks the chain of causation. The courts have held that
In general, the following are held to break the chain of causation:
On the other hand, the following are usually taken not to break the chain of causation:
See also causation in tort.
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This glossary post was last updated: 21st April, 2020 | 3 Views.