Criminal Law

Michael may fill committed an offence under s1(1) disgust Damage Act 1971 as when the accused unlaw encompassingy, intentionally or judiciously impairments property belonging to another. Here, the damage to Nelsons railway car renders his car to be imperfect, inoperative or cause 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 solid ground on boldness. The decision in R v G & Another now makes clear that Cunningham recklessness (R v Cunningham) applies and the star to be asked is whether Michael realized that he was creating a risk of damage. Arguably, it would fire that risks can be foreseen if one is not paying unmindfulness on the road and the likelihood that someone gets hurt or damage to property increases. Therefore, it is much of a common arrive to to anyone including Michael to be aware that he is creating risks when he texts while driving. Next, doubtfulness mood might be raised on whether Michael could alike be charged under s1(2) of the 1971 Act intending or reckless as to whether the life of another is displayed. It must be naturalized that Michael every intended to endanger life or that he was reckless in the Cunningham sense as to whether life could be jeopardise(R v Cunningham). Care should be taken to note that the pursuance 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 do so (R v Steer). If the parts and pieces of the car have caused injury resulting from the collision, then Michael may have been implant 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 c ompensation and an apology. Thus, it is like! ly that no charge will be...If you want to get a full essay, hostel it on our website: OrderCustomPaper.com

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