... for the act which caused the death of the victim but will still be liable because he was responsible for the chain of events which lead to the victims death. In a trial the defendant will sometimes argue that someone else had a part in the victims death or that the death was the victims own fault. When looking at whom to fix liability, the courts will look at two factors, did the conduct of the accused cause the resulting harm and, if so was the defendant also liable in law? If the factual cause of death were satisfied the defendant would be criminally liable if his act made a significant contribution to the death. The 'but for' test is used to determine if a death would have occurred if the defendant had not acted. In the case of White [1910] 2 KB 124 the defendant had intended to poison his mother but ...

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