Define: Causation In Criminal Liability

Causation in criminal liability refers to the link between the defendant’s actions or omissions and the resulting harm or criminal offence. It is a crucial element in proving criminal responsibility, as it establishes that the defendant’s conduct directly caused the prohibited outcome. There are two main types of causation: factual causation and legal causation. Factual causation, also known as “but-for” causation, asks whether the harm would have occurred “but for” the defendant’s actions or omissions. Legal causation, on the other hand, considers whether the defendant’s conduct was a substantial and foreseeable cause of the harm, and whether there were any intervening or superseding events that broke the chain of causation. Establishing causation in criminal cases requires the prosecution to prove that the defendant’s actions were both the factual and legal cause of the harm or offence beyond a reasonable doubt. Without causation, a defendant cannot be held criminally liable for the consequences of their conduct.

In criminal law, there are two aspects to causation. Firstly, the prosecution must prove that the acts or ommissions of the defendant was the cause of the consequence both in fact and in law.

Factual Causation

The factual test for causation is the ‘but for’ test, which is proved if the jury are satisfied that ‘but for’ the act of the accused the victim would not have suffered the same consequences.

Legal Causation

The first element of legal causation is that the act or omission of the accused need not be the only cause, but it must be a ‘substantial and operating cause’. The second element is that there must not be a novus actus interveniens that breaks the chain of causation. The courts have held that

In general, the following are held to break the chain of causation:

• wildly unpredictable responses of the victim, that contribute to the injury;
• free, deliberate and informed acts of a third party;
• extraordinary natural events.

On the other hand, the following are usually taken not to break the chain of causation:

• predictable responses of the victim as in fright and flight cases;
• innocent acts of other parties;
• subsequent negligent medical treatment;
• refusal of the victim to seek treatment for injuries;
• unusual sensitivity of the victim, otherwise known as the thin skull rule.
• reasonably foreseeable natural events.

See also causation in tort.

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 29th March 2024.