Att. Gen. v McBoyle [1981] JLR 21 (02 April 1981)
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.
- Citation
- [1981] JLR 21
- Parties
- Applicant: Attorney General; Respondent: McBoyle
- Jurisdiction
- Jersey
- Judgment Date
- 02 April 1981
- Procedural Posture
- Criminal / Trial
- Outcome
- guilty
- Legal Topics
- Driving Without Reasonable Consideration, Standard of Care, Mens Rea
Case Brief
Summary, issues, holding and outcome
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Parties
Attorney General
Applicant
McBoyle
Respondent
Procedural Posture
Criminal / Trial
Legal Issues
- 1 What is the appropriate test for 'driving without reasonable consideration' under road traffic law?
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
Full Case Text
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