Unlawful Cause Death Essay

, Thridly, did the unlawful cause death, in this case what had caused Vincent’s death? There are two parts that courts will look at in order to see the causation of the death. The two parts are factual causation and legal causation. Factual causation will determine if Vincent died due to your actions. We know that if you had not chased Vincent, he would not have died. Thus factual causation will also apply in your case to prove that it was you at fault, meaning you were the cause making you liable for his death. Legal causation looks at weather or not the case involved an ‘operating substantial cause’. Legal causation was found in the case R v Smith. Firstly we have to understand that we cannot blame any doctors or any medical staff from being liable for the cause of death. In your case we know that the operating substantial cause to Vincent’s death was the intense asthma attack which was also the qualifying trigger as you had chased him. As a result this will then give the court another reason to sentence you be liable for the death of Vincent.
The final part the court will look at is did D have the Mens Rea for the unlawful act. The MR for the unlawful act does not need to be intended .For example in Newbury and Jones. N and J are two teenage boys .They pushed a paving stone off a railway bridge on to the train below, causing …show more content…
Once it has been decided that D owns the claimant a duty of care the claimant must also show that D was in breach of duty. The test of breach of duty is usually objective but could change slightly .An example of this is in the case study of Nettleship v Weston .A learner driver had an accident and injured her passenger.The driver was expected to drive like a qualified driver. Her inexperience was not necessary. There is no doubt that you breached his duty by not acting when told someone was