CRIM 230 Chapter Notes - Chapter 3: Actus Reus, Criminal Negligence, De Minimis
8 Aug 2015
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Chapter 3 causation in the criminal law: essential element of actus reus of an offence is the occurrence of certain specified consequences, it must be proved that the defendant"s conduct actually caused those consequences, e. g. Trotta (2004: husband and wife charged w/ various offences cuz death of 8yr old son, to find a but for causal link. Factual causation (causation in fact: concerned w/ an injury about how the victim came to his/her death, in medical, mechanical or physical sense, and contribution of accused to that result, the but for . Rodriguez (1993: sue asked for assisted suicide when life became no longer bearable says cant cuz s. 241(b) 4: but this effectively deprived sui"s autonomy and caused her both physical pain and psychological distress. But s. 241(b) nevertheless valid cuz it reflected the principle of sanctity of life (doesn"t infringe s. 7, s12 nor 15)
