Question
Tom and his friend Alex are driving to a barbecue at a nearby park.Tom, who is known for his reckless driving behavior, decides to impress
Tom and his friend Alex are driving to a barbecue at a nearby park.Tom, who is known for his reckless driving behavior, decides to impress Alex by performing stunts and driving erratically.Despite Alex's protests,Tom continues to speed,weave in and out of traffic and ignore traffic signals.As they approach a busy intersection,Tom spots the red light but decides to accelerate instead of stopping, laughing as he does so.His reckless manoeuvre causes a collision with another car, resulting in the death of the driver of of a pick up truck.
1.1 With reference to applicable case law determine whether Tom could be convicted of intentionally causing the death of a driver of a pick up truck under the doctrine of dolus eventualis.(15marks)
NB: it is crucial that our analysis demonstrate how dolus eventualis operates and it's relevance in determining Tom's potential convictions of murder.
1.2 Suppose that the state fails to prove dolus eventualis but succeed only in establishing negligence on the part of Tom.Define negligence and describe the criterion or test which the courts use to navigate negligence.(10marks)
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