Senin, 15 Januari 2018
the mixed objective test
as devised by Lord E. Chong sitting in the Court of Appeal in the case of PP v Bastard Guy:
The test is this:
If the accused has said hurtful words, by the objective standards of the normal reasonable guy, and he KNOWS that those words are hurtful, and the victim has suffered hurt, then he is guilty under the charge. It does not matter that he does not think that the words he has said are subjectively (translation for non-lawyers: in his own opinion) not hurtful.
Clearly there are three limbs which must be satisfied:
1) the accused has uttered hurtful words; and
2) he has objective knowledge that these words are hurtful; and
3) the victim has suffered hurt.
The actions of the accused have, clearly, satisfied all three limbs and therefore he is guilty of said charges.