Swan – Causation in murder and the ‘substantial cause’ test

Originally posted on Amicus on 18 March 2020. The High Court handed down judgment today in Swan, dismissing an appeal from the NSWCCA. The question on appeal was whether it was open to the jury - as one of three possible causation pathways - to conclude that the appellant's attack on the victim substantially caused … Continue reading Swan – Causation in murder and the ‘substantial cause’ test