Lecture Notes: Causation in Criminal Law

Overview

• Continued discussion on causation related to Actus Reus in criminal law.
• Focus on new intervening causes and their impact on criminal liability.
• Contrast between causation in criminal law and tort law.

Key Concepts

Novus Actus Interveniens

• Latin term meaning "new intervening act."
• Recognizes the complexity of factual circumstances in legal matters.
• Determines when an intervening act absolves or transfers liability.

General Rule

• Defendants are responsible for all natural and probable consequences of their actions.

Case Law Examples

Crown vs. Pagett (1983)

• Context: Murder case, defendant used girlfriend as human shield.
• Outcome: Police officer's shot not considered a new intervening cause.
• Reasoning: Defendant caused the situation leading to the police response.

Crown vs. Kennedy (2007)

• Context: Drug supply leading to victim's self-administration and death.
• Outcome: Conviction overturned because victim's action was a new intervening cause.
• Reasoning: Victim's free will and autonomous decision-making.

Contrast: Wallace Case (2018)

• Victim's euthanasia seen as not completely voluntary due to defendant's actions.
• Highlights distinction based on influence of defendant's initial act.

Legal Principles

Thin Skull Rule

• Defendants must "take the victim as they find them."
• Cannot escape liability due to victim's pre-existing conditions or characteristics.

Example

• Stabbing a hemophiliac leading to death still holds the defendant liable.

Additional Case: Crown vs. Blaue (1975)

• Context: Victim's refusal of blood transfusion due to religious beliefs.
• Outcome: Defendant convicted of manslaughter; refusal not a new intervening cause.
• Legal Debate: Application of the thin skull rule to religious beliefs; controversial.

Discussion

• Raises questions on religious beliefs as fundamental individual characteristics.
• Controversy on whether refusal of treatment breaks the chain of causation.

Summary

• Causation is complex with various factors influencing liability in criminal law.
• The role of new intervening causes can significantly alter the outcomes of cases.

Debate and reflect on these issues considering modern contexts and evolving legal interpretations.