Читать книгу Criminal Law - Mark Thomas - Страница 126

Consider the following issue and think how you may structure an answer to it. Then see the figure below for a sample structure to adopt.

facts

Jack is a lifeguard at the local swimming pool. Jack is employed by the local council to watch over those members of the public who frequent the pool. One day, Jack is distracted by his girlfriend, Jill, whilst a young boy, Andy, struggles to swim. Eventually Jack realises that Andy is struggling and dives into the pool to rescue him. Andy is unconscious and is not breathing. Jack calls an ambulance which arrives within a few minutes and takes Andy to hospital. Andy dies at the hospital.

Jack, upset at what happens, decides to leave work early that day and go to the local bar. On the way to the bar, Jack hits Ben with his car. Jack was driving rather erratically at the time.

Would your answer differ if:

(a) On the way to the hospital, Bill, the driver of the ambulance, crashed the ambulance as a result of his negligent driving, killing Andy before he makes it to the hospital?

(b) Jack’s driving could not be faulted and in fact the car accident was entirely Ben’s fault? Evidence shows that Jack would not have been able to avoid hitting Ben.

Figure 2.9Putting together actus reus