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kepunk 发表于 2012-8-27 12:22 
谢谢同学,我去搜索这个case看看,请问你说的几率是指看法官判决的几率还是说,那人black out的几率,这个 ...
first, 被告需要prove自己的确有black out, at the moment the burden of proof is on him. 一般来说被告只需要prove on the BALANCE OF PROBABILITIES (more than 50% likelihood) that there was in fact a black out. 这几率怎么算要看陪审团了。
Goddard C.J.
"A blow from a stone or an attack by a swarm of bees I think introduces some conception akin to novus actus interveniens. In this case, however, I am content to say that the evidence falls far short justify a court holding that this man was in some automatous state. There was no evidence that he was suffering from anything to account for what is so often called a "blackout" and which probably, if genuine, is epileptic in origin. Nor was there any evidence that he had ever had an attack of this description before. As I have said above, his own evidence, and that is all there was, is consistent with having fallen asleep, or having his mind full of other matters and not paying proper attention. It is obvious that a defence of automatism is, in fact, saying that the accused did not know or appreciate the nature and of his actions it is getting very near a defence of insanity. It may be that in homicide cases attention may have to be given to the matter where diminished responsibility is set up."
lz 这个是Hill v Baxter case, 里面的被告也说自己black out, 结果输了。几个judge都有提供很多相关的example, 可以参考。
http://www.vanuatu.usp.ac.fj/cou ... /Hill_v_Baxter.html
还有就是楼上有提到矛盾是between lz and 保险公司。 这个牵涉到contract law, lz 可以研究一下。但是其中关系有点复杂,因为那份保险合同毕竟不是lz跟那家保险公司签的。 具体还要看那份合同 - 如果里面有说当事人没有错就不会负责任的话(most likely the case),那lz也只好focus on saying that he is in fact RESPONSIBLE! On the other hand, 如果你自己有全保的话,那么就不会有这么多麻烦事了~ |
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