German cases

Question 1

duty of care (undertaken duties)

Answer 1

Wuppertal railway

• ## workers forgot to remove a steel claw from the railway tracks

Question 2

duty of care based on ownership/ responsibility

Answer 2

Iron Gating

• school had a flat roof and around it was an iron gating
• iron gating was not checked properly
• three boys leaned on the iron gating and fell from the roof

Question 3

causation

Answer 3

emergency surgery

• victim suffered multiple rib fractures and was treated in the hospital
  victim died of sepsis

verdict?

Question 4

conditional intent

Answer 4

HIV transfer

• knowing you have HIV and not using a condom is conscious risk taking

leather belt
- tried to stop victim during a theft by strangling him with a belt
- victim died

Question 5

intoxication

Answer 5

drunk killing

• became violent upon provocation and killed the victim by hitting him multiple times on the head with a shovel
• was convicted of negligent body harm because the high level of alcohol might militate against the finding of intention

Question 6

co-perpetration

Answer 6

cigarette smuggle

• common plan and contribution to the offence

Question 7

aiding

Answer 7

vending machine

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