Culpable Driving and Issues of Causation

摘要

This article, focusing on road traffic homicides, considers the extent to which notions of culpability and blameworthiness influence the concept of causation. The article reviews the legal rules for determining causation in criminal cases and recognises how a jury's perception of fairness can be determinative. It concludes by questioning the wisdom of leaving emotive moral value judgements to a randomly selected jury.