LY205 Lecture Notes - Criminal Negligence
Document Summary
A model of the reasonable person: what a reasonable person would do in those situations. Factually causation: what was caused (a causing b) if i hit a gong, the result is ringing- the factual cause is swinging the hammer to hit the gong. But for: but for you this having done this, this would not have occurred. (if you hadn"t taken this road, you wouldn"t have crashed the car) Troattoa case: infant who was assaulted by mr troatta, mrs did not report it to proper authorities. Mother was convicted of criminal negligence. (she could"ve done something to stop it, she should"ve because she had a duty to her children) duty ends when the child is 16. Everyone is able to have the necessary"s (provided by parents) of life until age 16. Mother also had a moral duty to report the father. Trakas case: 2008 and the associated shilon case: 2006 trakas: mr. trakas was selling a legal motorcycle.
