Att. Gen. v Ayles [1980] JLR 41 (28 February 1980)

Att. Gen. v Ayles [1980] JLR 41 (28 February 1980)

The court held that the test for 'driving without reasonable consideration' is mixed: the mens rea is to be judged subjectively, but the circumstances may require an objective assessment.

Citation
[1980] JLR 41
Parties
Applicant: Attorney General; Respondent: Ayles
Jurisdiction
Jersey
Judgment Date
28 February 1980
Procedural Posture
Criminal / Judgment
Outcome
judgment delivered
Legal Topics
Driving Without Reasonable Consideration, Mens Rea, Objective and Subjective Tests
Criminal Law Road Traffic Law Driving Without Reasonable Consideration Mens Rea Objective and Subjective Tests

Case Brief

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Parties

Attorney General

Applicant

Ayles

Respondent

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 What is the appropriate test for 'driving without reasonable consideration' under road traffic law?
  2. 2 Should the mens rea be judged subjectively or objectively?

Ratio Decidendi

The court held that the test for 'driving without reasonable consideration' is mixed: the mens rea is to be judged subjectively, but the circumstances may require an objective assessment.

Court Disposition

judgment delivered