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Flashcards do conjunto (7)
- 1CunninghamGas 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.
- 2CaldwellFire in hotel. Objective - even though D was drunk, any reasonable man would foresee a risk.
- 3Elliot v CGirl with learning difficulties set fire to shed. Objective - she didn't see a risk but courts said any reasonable man would foresee it.
- 4LawrenceDeath by reckless driving. Objective - it would have been foreseeable that consequences would occur from dangerous driving.
- 5G and Rboys 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.
- 6Stephensonman 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.
- 7Savage & ParmenterBoth cases involved physical harm to another but said they foresaw harm, but not to the extent which was caused.
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- A-Level Law (Elements of a crime) FlashCards sobre Sem título, criado por lottelou96 em 12-01-2014.
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