Dutch cases

Question 1

duty of care due to special relationship with the victim

Answer 1

wife fell from stairs and her husband did not provide aid or call an ambulance

Question 2

duty of care due to specific qualities of the offender

Answer 2

Jomanda

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Question 3

causation

Answer 3

pub brawl

• victim was injured due to a fight and was carried outside the pub
• question was which of the two was the cause of harm

grandma robbery

• two people tried robbing a house and they tied up the old woman who dies

treatment choices
- victim was shot in the neck which caused paraplegia and pneumonia
- victim chose not to treat her pneumonia
- when the offence creates the choice between two evils, the chain of causation is not broken

Question 4

conditional intent

Answer 4

HIV transfer

• defendant slept with the victim knowing he was infected with HIV

Question 5

unconscious negligence

Answer 5

• intern mistakenly prepared the wring medicine for the victim which led to their death

Question 6

intoxication as an excuse

Answer 6

defendant was taking narcotics and while hallucinating jumped out of the window and landed on a person who became paraplegic

Question 7

preparation

Answer 7

Samir. A

• police found materials which were intended for the manufacturing of a bomb
• was charged with preparation of murder, arson and causing an explosion

Question 8

co-perpetration

Answer 8

Stoeptegel

• four teenagers were throwing stones onto a motorway and as a result a stone broke the window of a car which resulted in the death of the driver

Question 9

corporate liability

Answer 9

Drijmest

conduct can be attributed to the company if (only one must be fulfilled) ;
- it is an act/ omission of the corporation by an employee
- conduct corresponds with the normal business of the company
- company exercised power or control
- conduct benefited the company