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Originally posted by: prc_fan1
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Thanks that is sweet of you. I am just so stuck on the dangerous driving bit. I don't even know what to say lol. How am I suppose to argue when there is no detail about how he droveI think I am just gonna argue that let him pay some compensation for that. LOL. There is no way we can defend him on that ground.
There was clear collision between Justin's vehicle & the ATV van HOWEVER there is no solid evidence to prove that the 'manner in which Justin operated the vehicle was dangerous to the public in the circumstances', a requirement as the Criminal Code of Canada. As such, there is no way the prosecution can prove beyond reasonable doubt that Justin was reckless in his conduct of driving.
Rather, it was the ATV van who had been following Justin & it may be argued that it was by virtue of the paparazzi that things got out of control. The lack of evidence is clearly a strong factor that makes it difficult for Justin to be guilty of the offence.
The actus reus is clearly not made out. And where the 'act requirement' has failed, the mens rea is irrelevant, as one can't be charged for criminal wrongs that occur in his head.
The court needs to note that the prior offences that Justin has been convicted of, should not be of any concern in this case.
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Sorry this was horrible. YET AGAIN. And in fact even worse. But really I couldn't come up with anything. I doubt we'll make it to the next round. But if we do, I might not be able to contribute as I have a few tests coming up & I have a lot of stuff to do.
I am sorry for all the delays. I wouldn't really call it a pleasant experience because this case was so annoying. But yeah I got to know few more people so that was nice. So thanks all :)