Untitled | Flashcards

Question	Answer
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.

Resource summary

	Created by lottelou96 over 11 years ago