Explain by reference to decided cases, how the courts have approached the requirement of causation.

“Liability in criminal law normally requires the prosecution to establish that the accused has caused the relevant prohibited consequences or conduct to occur, for instance homocide that the accused has caused the victims death.”

Explain by reference to decided cases, how the courts have approached the requirement of causation.


In criminal law, there are two types of causation: Causation – in fact, and Causation – in law. Causation in fact requires that the defendant’s conduct be a sine qua non (“but for” cause) of a result. “But for” the defendant striking the victim, she would not have died. In R v White (1910) the defendant put cyanide in his mothers drink with the intent to kill her. She had a heart attack and died before she had a chance to the drink the poison. The defendant had not caused her death, and his actions were not even a “but for” cause of her death. The Court of appeal held that the defendant was not guilty of murder, because of the...