Criminal Law: Where the law requires proof of the relationship between an act and its consequences as an element of responsibility, a simple and sufficient explanation of the basis of such relationship has proved notoriously elusive Custom Essay

Criminal Law: Where the law requires proof of the relationship between an act and its consequences as an element of responsibility, a simple and sufficient explanation of the basis of such relationship has proved notoriously elusive.” Beldam LJ in R v Cheshire [1991] 1 WLR 844 (CA). Critically analyse this statement.

Guidance
(1) In answering this question you should:
(a) State and explain the law relating to legal causation. Specify the categories of circumstances in which the legal causation tests apply. Refer to relevant authorities; [45%]
(b) Identify the principles that underlie the law relating to legal causation; [10%]
(c) Critically evaluate the law relating to legal causation in light of these principles [30%] and
(d) Consider whether the law relating to causation should be reformed. [15%]

(2) In attempting this assessment candidates ought to have particular regard to journal articles. These are starting points – they are not exhaustive. You should make full use of other materials to be found by conducting independent hard copy literature searches and on-line searches.

(3) In attempting this assessment candidates should be aware of these common errors and should
try to avoid them:
Mere repetition of the law without providing an explanation or critical reflection;
Lengthy repetition of the facts of cases;
Uncritical repetition of arguments found in textbooks, articles, etc.

Assessment criteria:
This assessment seeks to assess the following unit outcomes.
(a) knowledge and understanding of: the relevant law regarding legal causation.
(b) legal skills:
(i) ability to examine legal sources for materials required to produce an explanation of and a critical analysis of key aspects of the relevant law;
(ii) ability to consider the law on legal causation in so far as it relates to the question.
(c) transferable skills:
(i) ability to prepare a sustained and lucid argument based on relevant research;
(ii) ability to discriminate between relevant and irrelevant information and argument;
(iii) researching original material in both hard copy and from electronic sources.
(d) communication skills:
(i) ability to communicate effectively and persuasively in written English.
(e) credit will be awarded for this assessment based on the following criteria:
(i) understanding of the principles of and rationale underlying the law regarding legal causation relation to issues raised by the question;
(ii) understanding of the relevant elements of the law on legal causation and evidence of engagement with, and ability to critically assess, the arguments for changing elements regarding legal causation.
(iii) ability to consider the context within which the principles regarding legal causation operate;
(iv) clarity and structure of argument;
(v) there is no right answer – credit will be given for any reasoned argument;
(vi) use of source materials;
(vii) structure and presentation.

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