ADM JUS 2 Lecture Notes - Lecture 1: Hobo, Mens Rea, Verdict
8 Dec 2020
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There is a body or body harm-murder, attempted murder. Intent, recklessness (taking a risk), negligence (reasonable man) Not just reasonable man, but reasonable man of same experience. E. g a surgeon who accidentally kills a patient due to his lack of skill is still negligent. Actions and omissions (even in speech) (santana bermudez 2004) Sometimes no consequence is needed if the activity is enough: rape, drunk/disorderly. E. g a hobo slept in a family"s house and burned it down by accident. He started a fire by lighting a cigarette, and didn"t put it out. E. g. a sister gave her sister drugs, who injected them and died of overdose. The sister was judged liable, but since the younger sister injected the drugs herself, the chain of responsibility was broken. (omission to call ambulance) A requirement in many offences, but what we can have knowledge of is often uncertain.
