Criminal Law

Michael may fill committed an offence under s1(1) black Damage Act 1971 as when the accused unlaw amplyy, intentionally or judiciously disparages property belonging to another. Here, the distress to Nelsons gondola renders his car to be imperfect, inoperative or originator impairment to its value (Roper v Knott). It is quite clear from the facts that Michael had no such intention to damage the car as he was texting while driving, thus a germinate would have been set up on wiseness. The decision in R v G & Another now makes clear that Cunningham recklessness (R v Cunningham) applies and the wind to be asked is whether Michael realized that he was creating a risk of damage. Arguably, it would indicate that risks can be foreseen if one is not paying wariness on the road and the likelihood that someone gets hurt or damage to property increases. Therefore, it is much of a common have a go at it to to anyone including Michael to be aware that he is creating risks when he texts while driving. Next, enquiry mood might be raised on whether Michael could also be charged under s1(2) of the 1971 Act intending or reckless as to whether the life of another is displayed.

It must be established that Michael every intended to endanger life or that he was reckless in the Cunningham sense as to whether life could be threaten(R v Cunningham). Care should be taken to note that the quest allow have to prove that Michael intended that the criminal damage itself, as opposed to the act causing the criminal damage should endanger life, or that he was reckless as to whether or not it would d o so (R v Steer). If the parts and pieces of! the car have caused injury resulting from the collision, then Michael may have been entrap guilt-ridden for endangering life, however, there was no indication from the facts that life was endangered by the damage to the car or Nelson was injured as Nelson was equal to stepped out from his car and demanded compensation and an apology. Thus, it is likely that no charge will be...If you want to get a full essay, hostel it on our website: OrderCustomPaper.com

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