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Words: | Submitted: Mon Jun 19 2006
... the particular context of the situation. Furthermore judgements under this approach are made keeping in mind their general or wider impact on the Criminal Law. One may observe such an approach in the case of R v Smith. Here the courts were reluctant to say that the act of the medical professional was novus actus interveniens. Because we can see that if they had said that the chain of causation has been broken due to poor medical assistance then it consequently means that in homicide cases the defendant can be relieved of liability if their victim receives poor medical attention. Thus to keep in line with the purpose of criminal law judges may often adopt a policy approach. Although subsequently principles may be developed Norrie argues that they will always be subject to change or modification because 'causation can only be explained by taking into account the social context within ...
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