Gross Negligence and Recklessness
In imposing criminal liability for a failure to recognise the risks,
obvious to a reasonable person, there are at least two factors:
the level of risk involved
The seriousness of the potential harm
Only where the possible harm is more serious and the risk is more
obvious, do we distinguish recklessness from carelessness and impose
liability. In assessing this, other issues may come in:
The social utility of the action
Thus, the surgeon who performs a necessary but dangerous operation may
realise that there is a high probability of serious harm or even death
but we do not blame him or her if the operation fails - we balance the
risks that are undoubtedly being taken against the social utility of
the activity. We regard skilled surgical care as socially useful and
do not regard the surgeon who kills a patient as reckless whereas a
player of 'Russian Roulette' would certainly be so, despite the odds
of 6-1 against, since that is an action of no social value whatsoever.
At this point, I am using the terms, 'reckless' and grossly negligent'
as synonymous but the former term has had an uncertain history. It can
be regarded as simply 'gross negligence' involving a major deviation
from the standards of the reasonable man, not a state of mind at all.
Alternatively it can be limited to those cases where the defendant
subjectively recognises the possibility of harm, subjectively
appreciates the risk but goes ahead anyway - in other words, instead
of gross negligence, it involves the conscious running of an
unjustifiable risk and as such is foresight.
In Cunningham (1957), the defendant tore...
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...is much higher
(more than mere carelessness) and the potential harm will be serious.
This standard applies to manslaughter
Caldwellrecklessness again involves the inadvertent taking of a risk,
which a reasonable person would not take. Again, the level of risk is
high and the potential for harm serious. This test has been
considerably restricted in recent years.
Cunninghamrecklessness involves the advertent taking of unjustified
risks, realising the risk but going ahead. The latter was much nearer
the idea of foresight, as was discussed in relation to malice
aforethought and murder (Hyam). This has an important role to play in
offences against the person under the 1861 Act and property offences
such as deception, which can involve lying recklessly (s.15 Theft Act
1968)
Finally intention - purposive conduct
Proximate Cause: The shoulder and rotator cuff injuries were within the scope of the risks that made us determine that the dropping of Vicky’s body was a breach. Because Dwayne dropped Vicky, Dwayne’s dropping of Vicky’s body proximately caused the injuries sustained. Felix’s carrying of the body was a cause in fact but not the proximate cause of the injuries Vicky
As police officers own right to carry out an investigation on the suspect, public arise concerning on negligent investigation. In the Hill v. Hamiton-Wentworth case, Mr. Hill was accused robbery and then was proved innocent. Mr. Hill filled a lawsuit against police officers on the tort of negligent investigation, and the Supreme Court of Canada dismissed Hill’s appeal. Moreover, a majority of the court recognizes there is a tort of negligent investigation in Canada, but Mr. Hill was investigated under code of care and no tort of negligent investigation during his investigation. While the argument of minority believes the tort of negligent investigation should be recognized in Canada, and the police had been negligent, the argument of minority is more compelling than majority.
...y hold the patient responsible for the failure and this may alienate and discourage the patient who is still sick. When all other treatment options are exhausted and faith is the only thing that may heal or comfort, this alienation and discouragement could prove disastrous.
Clinical negligence is a civil case wherein an individual may claim compensation for the suffered damages or death of the patient, that results from medical malpractice by the liable health care provider.
...ally want and it has been carefully thought out but the story doesn’t finish when the procedure does. There could always be complications or you may not achieve the desired result. For example when having breast surgery, the implants will have to be replaced meaning further cost and for the private companies securing patients and money for the future.
It is known that the advisee will be acting upon the advice for that purpose without independent inquiry
Police officers in today's society have a tough job. They are required to enforce the law, but must also respect the rights of every citizen while they do so. To put this issue in perspective, imagine that someone in your neighborhood is planning to rob your home. You'd like them stopped before the crime happens, but you don't want police to accuse everyone on your block of plotting a crime.
Too many have died due to distracted driving accidents. Whether talking, messing with the radio, or texting, distracted driving can cause serious life threatening accidents. Many of the victims are teenagers. I believe one main reason for that is teens do not fully understand the consequences of their dangerous behavior. I believe PSAs can help reduce the number of distracted driving incidents because it shows distracted drivers the consequences of their habit. They also have personal anecdotes from those affected by distracted driving incidents. People may say that distracted drivers know that what they are doing is dangerous. However, PSAs put the distracted driver in the place of people who have been in accidents, as well as their families.
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Drinking is never a good idea, and when you throw in driving you have a deadly combination. “Each year, nationally, more than 1,000 people typically die between Thanksgiving and New Years in drunk driving crashes” (Cismaru). The effects of drunk driving are very serious and need to have action taken to stop it. Some of the severe effects of drunk driving are: car crashes, jail time, and worst of all death. One of the biggest effects of drunk driving is the car crashes caused by the drivers that are under the influence of alcohol.
In the world there is an alarming trend where what seems to be harmless accidents take the lives of thousands of people every year. However, the loss of life and human potential is unacceptable. These unintentional injury deaths take on a myriad of forms that are brought out by the World Health Organization (WHO) and the U.S. Department of Health and Human Services (HHS). With the guidelines provided by these organizations Public Health Nurses (PHN) can help develop and execute strategies in an effort to decrease the lives lost to unintentional injuries.
Drunk driving is a very dangerous crime that can have an affect on anybody. Many people lose family members from drunk driving. If you listen to stories about how they lost their family members it is really sad. It was almost impossible for me to watch that video. I did not watch it alone, I watched it with my brother. My brother and I could not believe these stories of these people losing their family members. One of them was the saddest ones I've ever heard. It was a high school student that was really good at soccer. He and a couple of his friends were sitting at a stop light, and a car hit them from behind coming at 75mph. It put them in the middle of the intersection on fire. Some of the people there managed to help one of the kids out.
Most medical errors come from human errors. Before defining medical error, we should have a good understanding of human error. As a human in our everyday life we are prone to make mistakes such as using ointment...
Civil liability in today’s society is a big issue when dealing with the interaction between law enforcement agencies, prisoners and citizen’s. Civil liability means a lawsuit filed by a person’s against another person. Most civil lawsuits usually seeks monetary damages such as; for injury or losses that the party alleges that the other person which would be the defendant has caused. (Civil Liability, 2017). When the defendant is found guilty of the damages, he or she must pay whatever monetary damages the jury or the judge award to the plaintiff for the harm alleged by the plaintiff that the defendant caused and the damages suffered. Civil court work differently than criminal court because in civil court cases the plaintiff only needs to prove
Both Drinking and driving and Texting and driving are a very large problem in modern society. They both become a distraction to the factors needed to drive a vehicle. Each dangerous tactic has their own characteristics that make them same and different to each other. Out of the two i looked at texting and driving cme to be more dangerous than drinking and driving. So why is texting and driving worse than drinking and driving?