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2.7.3.1General principles
ОглавлениеAccording to Goff LJ in R v Pagett (1983) 76 Cr App R 279, an intervening act is one that is ‘so independent of the act of the accused that it should be regarded in law as the cause of the victim’s death to the exclusion of the act of the accused’. Table 2.10 details the most important principles to be aware of, and these principles will be fleshed out below.
Table 2.10Principles of novus actus interveniens
| Principle |
| No intervening act can break the chain of causation if it merely complements or aggravates the effects of the defendant’s initial conduct. |
| Where the defendant’s act is still the ‘substantial and operating cause’ of the result, the defendant may still be liable. |
| The intervening act must be independent of the defendant’s conduct or an unforeseen event which is the immediate and sufficient cause of the end result. |
| The intervening act must be ‘free, deliberate and informed’. |
