WHAT IS THE DIFFERENCE BETWEEN LEGAL AND FACTUAL CAUSATION IN CRIMINAL LAW?

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Haggis August 30, 2011 at 1:34 pm

Factual causation- is but for the action committed the outcome would not have naturally occurred. (if you hadn’t knocked over the candle there would have been no fire)
Factual causation determines exactly what happened and whether someone was responsible for the event or whether it would have occurred anyway.
Legal causation- Now that the factual causation is known now comes the part where it is reviewed and people determine whether the law is involved in the action (say there was no law against starting a fire then the defendant would be set free of any legal responsibility) (if there was a law then he would be held responsible under the law)

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