LS202 Lecture Notes - Lecture 3: Hypovolemia, Criminal Negligence, Assault
23 Feb 2017
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Courts try to avoid striking down entire laws. Instead of doing this they do severing (removing a clause from a law). Reading in a law means that they add words to a law. Reading down means narrowing the law down to make it more speci c. Conviction without conduct is just because the accused"s condition (e. g. impaired) is a result of his/her voluntary actions. If the accused"s condition is not voluntary, a conviction is inappropriate. If someone who has consumed alcohol and sits in the front seat of their car it was voluntary while if someone was slipped the date rape drug and sits in the front seat of their car, it wasn"t voluntary. You can be arrested for not helping someone in danger. No legal obligations to help other in an emergency. Law reform commissions has recommended a good samaritan law .
