Sem título | Flashcards

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.

Resumo de Recurso

	Criado por lottelou96 quase 11 anos atrás