477326
Descrição
FlashCards por lottelou96, atualizado more than 1 year ago
|
|
Criado por lottelou96
mais de 10 anos atrás
|
|
| Questão | Responda |
| Cunningham | Gas meter pulled off the wall, sending fumes into the house next door. Subjective - D didn't intend to cause harm and hadn't taken a known risk. |
| Caldwell | Fire in hotel. Objective - even though D was drunk, any reasonable man would foresee a risk. |
| Elliot v C | Girl with learning difficulties set fire to shed. Objective - she didn't see a risk but courts said any reasonable man would foresee it. |
| Lawrence | Death by reckless driving. Objective - it would have been foreseeable that consequences would occur from dangerous driving. |
| G and R | boys set wheelie bin on fire, causing £1m damage. Objective - judge directed jury on whether reasonable man would foresee a risk, and they were convicted. Subjective - H/L quashed conviction and overruled Caldwell. |
| Stephenson | man set fire to a haystack and didn't foresee a risk. Objective - jury convicted him as they thought he should have seen a risk. Objective - as the man was schizophrenic, the decision was misdirected and C/A said it should be quashed as it was subjective. |
| Savage & Parmenter | Both cases involved physical harm to another but said they foresaw harm, but not to the extent which was caused. |
Quer criar seus próprios Flashcards gratuitos com GoConqr? Saiba mais.