How Did Dave Violated The Law Under Section 352

Dave had violated the law under Section 352 of the Penal Code when he assaults May by banging on the door and shouting at the top of his voice threatening May to watch out once he got hold of May. When the lock gave way, May was afraid that Dave could harm her as Dave is an Australian six foot tall guy, therefore she jumped out of the window and broke her ankle. Under the section 352 of the penal code, it also says that unless the defendant actions are caused by grave and sudden provocation, he shall be punished with a fine or a jail term or both. In Dave’s case, there is no grave and sudden provocation in my opinion as he has the time to follow May upstairs. Similar to R v Roberts (1971), the court held that the defendant’s actions were foreseeable

He has should act appropriately after he knows that he had created a danger. He could have called the ambulance, the police or passerby for help. He should not have left May alone on the beach when he knows that May is injured and her injuries could have worsened because of the two falls around the corners previously while on a ride with Sam. Furthermore, Sam should be aware that the PSI level for that night is at a hazardous level which is extremely not healthy for people to breath in. In R v Lowe (1973), the defendant neglects his child that caused the child to die. Sam will also be liable for criminal breach of trust under section 405 of the Penal Code when firstly, he offered may a lift to the hospital and did not obliged his words. Secondly, he left May on the beach and went looking for help and did not came back after several hours. Under the Law of Negligence, Sam might also be liable for the lack of care on his actions. However, there is a chance that Sam is able to argue that because of the Haze from Indonesia, almost everyone was staying indoors hence he couldn’t find anyone for help and he was merely trying to help from the start but didn’t know things could turn out this way. The death of May is not foreseeable as she only broke her ankle when Sam picked

However, in law, the intervention of a supervening event renders Dave from its liability for May’s death as it is foreseeable that someone will pass by and help May to the hospital at that point of time but it was not foreseeable to a reasonable person that May would end up at the baech. However, there is a break of chain when Sam fell over twice because May was too heavy for Sam as a passenger and worsen her injuries and also it might be because of the pain that the injured ankle of May that kept her fidgeting on the ride. Therefore, Dave will not be liable for May’s death. On the other hand, Sam, who left May alone at the beach to find help and did not came back afterwards, did not know that the PSI could hit 600 that night but it was somehow foreseeable as before it hits 600 at hazardous level, there is a chance that the PSI could increase. But in general, extraordinary weather conditions are deemed an unforeseeable intervening cause. And it is also not foreseeable that May could pass out because she has difficulties breathing. Furthermore, May was still conscious at the time when Sam left her alone at the