Att. Gen. v McBoyle [1981] JLR 21 (02 April 1981)
- Citation
- [1981] JLR 21
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Criminal / Trial
More details
- Posture
- Criminal / Trial
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court held that the standard for 'driving without reasonable consideration' is a mixed objective and subjective test, requiring consideration of both the conduct expected of an ordinary prudent motorist and the accused's actual state of mind.
Court disposition
guilty
02
Material facts
Parties
Attorney General
ApplicantMcBoyle
Respondent03
Procedural history
Posture
Criminal / Trial
04
Questions and positions
Legal issues
What is the appropriate test for 'driving without reasonable consideration' under road traffic law?
Party arguments
- Applicant
- The applicant argued that the test for 'driving without reasonable consideration' should be determined by the standard of the ordinary prudent motorist, incorporating both objective and subjective elements.
- Respondent
- The respondent contended that their state of mind and awareness of risk should be considered, and that lack of awareness or disregard of risk should be established.
05
Court’s reasoning
Legal principles
- 01
Att. Gen. v McBoyle [1981] JLR 21
The test for 'driving without reasonable consideration' is a mixed objective and subjective test, determined by the standard of the ordinary prudent motorist. The accused is guilty if unaware of the risk or disregards a risk of which they are aware. The court may make inferences from conduct but must have regard to the accused's evidence of state of mind.
06
Ratio, limits and disposition
Ratio decidendi
The court held that the standard for 'driving without reasonable consideration' is a mixed objective and subjective test, requiring consideration of both the conduct expected of an ordinary prudent motorist and the accused's actual state of mind.
Court disposition
guilty
Source and reliance status
Official court record
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Court record
Judgment
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BAILII >> Databases >> Jersey Law Reports >> Att. Gen. v McBoyle [1981] JLR 21 (02 April 1981) URL: https://www.bailii.org/je/cases/JLR/1981/JLR810021.html Cite as: [1981] JLR 21 [ New search ] [ Help ] Att. Gen. v McBoyle 1981 JLR 21 (02 April 1981) Road Traffic-driving without reasonable consideration-mixed objective and subjective test-determined by standard of ordinary prudent motorist-accused guilty if unaware of risk or disregards risk of which aware-court may make inferences from conduct but must have regard to accused's evidence of state of mind The document you wish to view is available to registered users or can be purchased as a PDF. To purchase this document in PDF format or alternatively to Register to purchase membership go to the Jersey Law website via this link: 1981 JLR 21 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/1981/JLR810021.html
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