R v Pacino : Extending the Limits of Criminal Negligence?
AbstractThe article examines the circumstances in the case of R v Pacino in the context of the law of criminal negligence under the provisions of the Western Australian Criminal Code. Mr Pacino had been charged with unlawful killing when a pack of dogs, owned by him, attacked and killed an elderly woman. The author discussed the common law elements of criminal negligence, comparative to negligence in tort, the historical development of s.266 of the Code and the common law definition of a " dangerous thing ". The law is applied in the abstract to reach the conclusion that, as the law currently stands, a conviction against Mr Pacino could not be sustained. Upon jury trial at first instance however, Mr Pacino was found to be guilty. |