How do you establish factual causation?
We establish factual causation using the 'but for' test. We have to be able to say that 'but for' the Defendant's actions, the victim would not have been injured. For example, in the case of Pagett, 'but for' Pagett using his girlfriend as a shield while he shot at police, she would not have been shot when police fired back.
JD
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