Causation

General Elements of Liability

In this course, Professor Victor Tadros (University of Warwick) explores the general elements of criminal liability. In the first module, we discuss the significance of, and difficulties in determining, causation in criminal liability. In the second module, we move on to look at omissions, including moral and legal arguments concerning liability for inaction. In the third module, we examine the mens rea element of a criminal offence, before exploring recklessness and negligence in the fourth module. In the fifth and final module, we conclude by investigating a variety of defences, and different tests for these defences in the criminal law.

Causation

In this module, we introduce causation, focusing in particular on (i) the significance of causation for liability (ii) the but-for test for factual causation (iii) problems with the but-for test (iii) responses to the but-for test challenge (iv) further challenges to the but-for test (v) the distinction between factual and legal causation (vi) breaking the causal chain (vii) voluntary acts breaking the causal chain (vii) the significance of voluntary acts breaking the causal chain in the case of R v Kennedy (2007) (viii) difficulties in determining breaks in the chain of causation as illustrated in the case of R v Wallace (2018).