Novus Actus Interveniens Research Articles

THE DOCTRINE OF CAUSALITY IN CRIMINAL LAW IN THE FIELD OF TAXATION IN INDONESIA

The complexity of tax evasion and the unregulated causality doctrine in the law (KUHP) and tax law show the need and urgency to answer the problem of the ideal criminal concept in the field of taxation in the future. The analysis and discussion concluded that the ideal concept in handling complex criminal offenses in the field of taxation could be done by regulating the teaching of causality and its modification. The adoption of the doctrine of causality and its modification in the criminal provisions in the field of taxation can provide a guarantee of criminal liability in the field of taxation to any person who has actually caused a certain result prohibited in tax crimes. One of them is by considering the existence of novus actus interveniens.

Causation and the Draft Articles on State Responsibility

Few issues have proven to be as vexing to courts and tribunals as the matter of causation. The causation inquiry calls for nuanced exploration of sometimes metaphysical concepts—overdetermination, novus actus interveniens, probability—while serving the practical function of balancing over-deterrence against the enforcement of legal rights. Indeed, as Aristotle famously instructs: we do not know something until we know its cause.2 The legal and philosophical literature on the topic fills volumes, with sharp disagreement on the nature of the concept even among judges and arbitrators who agree on the result of a given dispute. In this context, the drafters of the International Law Commission’s (ILC’s) Draft Articles on the Responsibility of States for Internationally Wrongful Acts3 deftly chose to address causation tersely but directly, largely by inserting two words—‘caused by’—into article 31. This choice has helped to define the causation inquiry vis-à-vis matters of liability, while allowing tribunals...

Ethics and Law.

Ethics and Law.

NOVUS ACTUS AND BEYOND: ATTRIBUTING CAUSAL RESPONSIBILITY IN THE CRIMINAL COURTS

AbstractGlanville Williams's influential 1989 article on causation, “Finis for Novus Actus?”, addressed two pertinent questions: (1) when, and on what grounds, may a person be judged to bear causal responsibility for harms most immediately brought about by the subsequent action of another person (the locus classicus of the novus actus interveniens doctrine), and (2) how should questions of causation be resolved in cases where the potential cause in question constitutes an omission? This article revisits these questions through an engagement with some of the major causation cases decided in the criminal courts in the past decade. The discussion of these cases is set in the broader context of a critique of H.L.A. Hart and Tony Honoré's influential doctrinal-theoretical framework for findings of legal causation, the autonomy doctrine, on which Williams had built his arguments.

Doctrine of Novus Actus Interveniens Not Always a Defense: Analysis of a Case

Doctrine of novus actus interveniens (NAI) sometimes plays an important role as a tool of defense in medical negligence suits. It is a Latin phrase which means breakage of the causal chain at some point, relieving the initial wrongdoer. In medical negligence suits, the appearance of an external factor or event in the causal chain and the outcome is not directly related to the negligence of the doctor, but for the novel agent; the doctrine of NAI can be applied and the initial wrongdoer, i.e., the treating physician can be exempted. Autopsy of a similar type of case was performed in a tertiary care hospital in the State of Chhattisgarh. The autopsy findings identified a new factor in the form of dereliction in duty by another physician causing breakage of the chain in the current case described.How to cite this article: Dheeraj AB, Giri SK, Sarma B. Doctrine of Novus Actus Interveniens Not Always a Defense: Analysis of a Case. Indian J Crit Care Med 2020;24(10):983–985.

Novus Actus Interveniens in The Context of Criminal Law in Indonesia

The doctrine of novus actus interveniens used in causation to establish the liability of the principle offender for a prohibited result. The doctrine can be used in various legal fields in both civil and criminal law. The aim of this study was finding the kind of intervention that conducted by another actor, a victim or a medical worker, a non-human agent such as an animal or nature, could influenced the judge’s decisions in determining the defendant in accordance with novus actus interveniens doctrine. The method used was the normative method. The normative method in the study of jurisprudence was a method used to study secondary data sources on some legal documents. These secondary data sources were composed of some legal materials, namely primary legal materials consisting of the KUHP (the Indonesia Penal Code) and court decisions that have permanent legal force. This study finds that the doctrine of novus actus interveniens unfortunately is not commonly used by judges, prosecutors, lawyers and legal experts in Indonesia even though it can be used to solve problems in finding material truth.

A Further Trip over the Tramlines

A Further Trip over the Tramlines David Micklethwait 2 Mansion Cottage Bronllys Powys LD 3 OLU UK Arnyone keen on the Oxford English Dictionary (OED) would have „read Sarah Ogilvie's (2008) paper "The Mysterious Case of the Vanishing Tramlines," as I did, with pleasure and profit. It left me, however, wanting to know more. Tramlines (thus : || ) appear beside nearly ten thousand headwords in the first edition of the OED, the indication being explained in the List ofAbbreviations as meaning 'not naturalized.' The same explanation appears in the List of Abbreviations in the 1933 OED Supplement, but Ogilvie shows that tramlines beside headwords were removed from the Supplement as the result of a deliberate policy decision by the editors, Charles Onions and Sir William Craigie. One can say that the tramlines "were removed from" rather than "were not included in" the 1933 Supplement, because the tramlines were present in printed page proofs in 1928 and 1929, but did not appear in 1930 proofs or in the published work. Ogilvie also demonstrates that the decision to remove the tramlines from the Supplement almost certainly resulted from the influence of the Society for Pure English (SPE), which favoured consciously reforming the spelling and pronunciation of foreign words, when used in English. Ogilvie points to the curious fact that there are two instances, but only two, where tramlines did appear beside headwords in the Supplement - " ? Kadin ... A lady ofthe sultan's harem" and " || Rhexis ... The breaking or bursting ofthe wall ofa blood-vessel" - and she spends some time considering why those two should be the only words with tramlines. This is a rather pointless investigation, because as soon as it has been understood that the editors' policy was to remove all the tramlines from headwords, the fact that two reDictionaries :Journal ofthe Dictionary Society ofNorth America 30 (2009), 17-20 A Further Trip over the Tramlines1 9 mained could only have been accidental. Furthermore, attributing one accident to each ofthe two editors is rather unkind - the removal oftramlines throughout the Supplement would have been a purely mechanical exercise, entrusted to a subordinate, and one could not expect the two editors to examine the final proofs oftheir respective parts ofthe Supplement just to make sure that it had been done thoroughly. I am not myself comfortable with the notion that foreign words used in English should be distorted to give them English spelling and pronunciation, but the Society's attitude to tramlines has something to be said for it. The justification for including foreign words in a dictionary of English is that they are used by people speaking or writing in English. Conversely, words not used by people speaking or writing in English should not be in an English dictionary at all. When I studied law, I became familiar with a variety of Latin expressions, some ofwhich (such as decree nisi, caveat emptor, et cetera, etc.) are commonly used by non-lawyers, while others (for example ceteris paribus, mens rea, novus actus interveniens, obiter dictum, in pari delictu potior est conditio defendentis , res ipsa loquitur and suppressio veri est suggestiofalsi) are not. Any of those, and many other such expressions, might be found in written court judgments -judgments written, that is to say, in English - and it is therefore appropriate for them to be explained in an English dictionary, but the person consulting the dictionary does not need tramlines to tell him that the words are not English. Furthermore, foreign words are translated immediately after the indicated pronunciation, which must dispel any remaining uncertainty. It is open to question, therefore, whether Murray was right to include tramlines in the first edition of the OED. Ogilvie tells us that the editors of the third edition have come to a different decision, and dropped tramlines. What is not open to question is that the decision was Murray's to take, and that he and his fellow editors "considered tramlines so important that they counted the total number per volume, and published the results in every preface" (Ogilvie 2008, 1 2 ). That being so, whatever the views of the SPE, indeed, whatever their own personal views, Onions and Craigie should not have removed the tramlines from the...

Kennedy and Unlawful Act Manslaughter: An Unorthodox Application of the Doctrine of Causation

The decision of the House of Lords in R v Kennedy (No. 2)1 was welcomed by many academics as a return to the traditional application of causation. The victim in Kennedy was found to have broken the chain of causation between himself and his drug supplier when he self-injected with an already prepared syringe and produced his own death. However, on a careful examination of the law, can the rationale behind Kennedy be supported? This article explores Kennedy’s unconventional relationship with the doctrine of causation and casts a critical eye over the application of the doctrine in ‘fright and flight’ and ‘victim’ cases. There appears to be no correlation between the judgment in Kennedy and the well-established causal principles of foreseeability and novus actus interveniens in the criminal law. Will Kennedy end up being another Environment Agency v Empress Car Co. Ltd?2

CIVIL LIABILITY FOR ABUSE OF THE CRIMINAL PROCESS: DOWNSTREAM OF THREE RIVERS

If the criminal justice system malfunctions and causes someone damage, when can the victim sue the person responsible? To this question, the traditional answer is “almost never. If the malfunction consists of imprisoning someone who was innocent, or prosecuting them without due cause, there is no civil liability except for acts done in bad faith; liability for merely negligent behaviour is excluded, on grounds of public policy. Where the malfunction consists of failing to catch a criminal who celebrates his continued freedom by causing further damageor in releasing one with similar effectthe same is true a fortiori, because the case is further complicated by issues of causation and novus actus interveniens. Thus in Hill v. Chief Constable of West Yorkshire [1989] A.C. 53 the House of Lords ruled that the Yorkshire police, however negligent, were not liable for their failure to catch the Yorkshire Ripper.

Fat embolism in forensic pathology

The subject of fat embolism must be taken in conjunction with bone marrow embolism and can be considered on anatomical and on clinical grounds. From the forensic aspect, the incidental finding is of major importance as the discovery of pulmonary fat or bone marrow embolism at autopsy should be proof of bone injury having been sustained in life. This hypothesis has been tested by studying 400 aviation fatalities with fracture. The overall incidence of pulmonary fat embolism was 63% (37% of significant degree) and of bone marrow embolism 33%. The occurrence of both was directly associated with an intact cardiovascular system and with the time taken to die but was inversely related to the degree of bone injury. Fat embolism was found to be a more sensitive index of ante-mortem trauma but bone marrow embolism is a more specific marker of fracture. When correlated with carboxyhaemoglobin levels in those persons exposed to fire, a small number of anomalous cases of embolism of both positive and negative nature were observed. Provided this possibility, and the effect of attempted resuscitation, is taken into account, the use of pulmonary fat embolism as an indicator of ante-mortem trauma is a most valuable tool in forensic pathology. Pulmonary fat embolism is unlikely to be fatal. When the hydrostatic effect of arteriolar blockage results in capillary involvement, the occasionally fatal condition of systemic embolism develops. This is of forensic importance in so far as it must raise the possibility of novus actus interveniens.

McKEW v. HOLLAND & HANNEN & CUBITTS (SCOTLAND) LTD.

November 26, 1969 Master and Servant — Negligence — Injury to servant — Remoteness — Slight leg injury in course of employment — Second injury not at work caused through jumping downstairs — Allegation that leg weakness caused second accident — Novus actus interveniens.

9 ‘Novus Actus Interveniens’ in Roman Law

Journal Article 9 ‘Novus Actus Interveniens’ in Roman Law Get access Raphael Powell, M.A., B.C.L. Raphael Powell, M.A., B.C.L. Reader in Law in the University of London Search for other works by this author on: Oxford Academic Google Scholar Current Legal Problems, Volume 4, Issue 1, 1951, Pages 197–226, https://doi.org/10.1093/clp/4.1.197 Published: 01 December 1951

Tort—Negligence—Effect of Novus Actus Interveniens—Joint and Several Liability

Tort—Negligence—Effect of Novus Actus Interveniens—Joint and Several Liability

Tort—Negligence—Police Constable Injured in Stopping Runaway Horses in Crowded Street—Doctrines of Novus Actus Inter-veniens and Volenti Non Fit Iniuria Held not to be Applicable in the Circumstances

Tort—Negligence—Police Constable Injured in Stopping Runaway Horses in Crowded Street—Doctrines of Novus Actus Inter-veniens and Volenti Non Fit Iniuria Held not to be Applicable in the Circumstances - Volume 3 Issue 3