Crime CXXXXI– Intoxication XII
In
instances of horseplay, the test that is to be applied, in order to decide if
the defendant is guilty or otherwise, is the subjective test i.e. the question
that is to be asked is whether the defendant had intended to cause the victim
the harm that had resulted and not if a reasonable man can foresee that some
harm would result from the defendant’s actions. In most instances in order to
obtain a conviction the prosecution must establish that the defendant’s actions
were beyond what could be construed as mere horseplay.
In
Richardson and Irwin (1999) two students lifted another over a balcony, after a
bout of evening drinking and dropped him some twelve feet causing him serious
injuries.
The
court decided that the defendants were not guilty. Clearly the boys were
fooling around, and they had no intention of causing any form or type of injury
to their friend. In such instances the question that is to be asked is whether
the boys intended to cause the defendant the harm that resulted (subjective
test) and not if a reasonable man could foresee that some type of harm may
result from the defendants actions (objective test) see also R v Lamb
(1967).
Copyright
© 2019 by Dyarne Ward
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