Identify And Explain The Advantages And Disadvantages Of R V G (2003)

The intention of the accused was to causing damages the property. However the accused was unaware of the people sleeping in the property. Thus resulting of being charged with endangering human life with arson. Lord Diplock decided, being drunk was not a defense of recklessness by removing the objective test set in previous decisions. As mentioned before in R v G (2003) the objective test was again put back and was judged with consideration of their age and mentality . In this case two boys aged 11 and 12 with permission of their parent set a camp in a yard behind a shop. The boys set a fire by using newspaper thinking it would go off if left alone by itself later. However the fire caught to the bins and spread to the shop next to. The damaged acquired by the shop was over 1 million dollar. These kids were unaware of the damaged the fire would cause and left before the fire could spread. Their infancy was considered as they did not had the intention to damage. The defense was taken that …show more content…
However the European courts of justice could be said to be on the top of this hierarchy .

Advantages and Disadvantages of the Precedent
Advantages.
1. The certainty in legal system could be achieved. By looking in to the previous decisions it could be assumed the outcome of the present cases.
2. Uniformity in the law will be maintained. If the fact of the cases are similar than it could be judged as the same. The sense of justice could be established by this mean. Furthermore the public will accept the system due to uniformity.
3. The precedent are flexible in nature. There are many ways in which the precedent may be avoided. This gives the effect and opens window for changes.
4. The precedent are practical achieved. It is based on the fact of the case, unlike the legislation.
5. The detailing of the precedent gives us an advantage too. Because there is vast number of case to