Читать книгу Criminal Law - Mark Thomas - Страница 124

Consider the following example and decide whether the tests for causation are met. Use Figure 2.8 (above) to assist you.

example

Jack stabs Jill in the leg. Whilst being transported to the hospital in an ambulance, Andy drives his truck into the side of the ambulance, killing Jill on impact. Evidence shows that Jill would not have died simply from the stab wound.

Jack most certainly is a factual cause of harm given that Jill would not have required medical attention ‘but for’ Jack’s actions. Jack may also be considered the legal cause of harm as his actions are both substantial and blameworthy. However, the likely outcome is that Andy has broken the chain of causation through his actions, thus becoming the ‘operative’ cause of death. Jack, however, may still be liable for the original assault.