Wednesday, 8 July 2009

Is the subjective 'Cunningham test' too easy on offenders?

The Cunningham recklessness test is now the accepted test for recklessness. The case of Elliot was a very convincing argument for the Cunningham recklessness. However, is this subjective test too easy on defendants? Surely it is easy to get convictions under the objective Caldwell test?

Thursday, 18 June 2009

'Good Samaritan' Laws-should we have one?


Some countries in the EU such as France, have a 'Good Samaritan' law. This means that a person can be liable for failing to stop and help a complete stranger in some situations. Some people argue that we should have a 'Good Samaritan' law in Britain.


Would this increase public saftey or impose to much control over peoples' everyday lives?

Wednesday, 17 June 2009

Is it fair to prosecute people for NOT doing something?


The law on omissions is controversal. How fair is it that someone can be liable for an offence due to a failure to act?