Case Review: Criminal
FIRST CASE :
Gray v Thames Trains Ltd and Another. This case is an appeal case. The plaintiff claim for compensation that he lost as a result of the PTSD. The claimant suffering 'Post Traumatic Stress Disorder ' ("PTSD") following stress train crash. Effect of it, the claimant fatally stabbing a man. He pleading guilty to manslaughter by reason of diminished responsibility. Claimant commencing proceedings in negligence against first and second defendant, as operator of the train and as entity responsible for rail infrastructure. Defendants denying liability in respect of losses incurred after claimant stabbing man on basis that ex turpi causa. Thus, this appeal raises questions about the limits of the doctrine ex turpi causa non oritur actio. The parties involved in this case are; for the plaintiff is Mr. Gray and the defendant are Thomas Trains Ltd and another. This case has been brought to the Court Of Appeal (Civil Decision) of England. The judge that solve this case is Sir Anthony Clarke Mr, Tuckey, Smith LJJ. There are some arguments raises by the claimant. He stated that the are many effects by the reason of the negligence of the defendants that failed to play their duties. The psychological impact of the crash upon the Claimant was much more severe. The consistent medical opinion is that the experience of the crash caused him to develop PTSD, which had a marked depressive component, for which he received anti-depressant medication. First, he underwent a significant personality change, becoming socially withdrawn and anxious, suffering angry outbursts and shunning physical contact. Second, inevitably this led to a deterioration in his relationship with his partner. In fact, the third one, he got trouble on doing his job in London Borough of Hackney as he always feel depression. He got frequent nightmares and panic attacks. He recalled the smell of the burning carriage and felt guilty that he had survived. The psychiatrics agreed that these were all
Gray v Thames Trains Ltd and Another. This case is an appeal case. The plaintiff claim for compensation that he lost as a result of the PTSD. The claimant suffering 'Post Traumatic Stress Disorder ' ("PTSD") following stress train crash. Effect of it, the claimant fatally stabbing a man. He pleading guilty to manslaughter by reason of diminished responsibility. Claimant commencing proceedings in negligence against first and second defendant, as operator of the train and as entity responsible for rail infrastructure. Defendants denying liability in respect of losses incurred after claimant stabbing man on basis that ex turpi causa. Thus, this appeal raises questions about the limits of the doctrine ex turpi causa non oritur actio. The parties involved in this case are; for the plaintiff is Mr. Gray and the defendant are Thomas Trains Ltd and another. This case has been brought to the Court Of Appeal (Civil Decision) of England. The judge that solve this case is Sir Anthony Clarke Mr, Tuckey, Smith LJJ. There are some arguments raises by the claimant. He stated that the are many effects by the reason of the negligence of the defendants that failed to play their duties. The psychological impact of the crash upon the Claimant was much more severe. The consistent medical opinion is that the experience of the crash caused him to develop PTSD, which had a marked depressive component, for which he received anti-depressant medication. First, he underwent a significant personality change, becoming socially withdrawn and anxious, suffering angry outbursts and shunning physical contact. Second, inevitably this led to a deterioration in his relationship with his partner. In fact, the third one, he got trouble on doing his job in London Borough of Hackney as he always feel depression. He got frequent nightmares and panic attacks. He recalled the smell of the burning carriage and felt guilty that he had survived. The psychiatrics agreed that these were all
References: 1) Nuraisyah Chua Abdullah. Questions & Answers on Malaysian Courts, Statutes, Cases & Contract, Tort and Criminal Law. Selangor : International Law Book Services, 2010. print. 2) WorksafeVictoria.com. Victorian Work cover Authority: 20.5.2 Test for contract of service. Retrieved on 22 February 2012, from http://www1.worksafe.vic.gov.au/vwa/claimsmanual/default.htm. web. 3) Forlex. thefreelegaldictionary.com. Retrieved on 23 February 2012, from http://legal- dictionary.thefreedictionary.com/Trespass+to+land. web. -------------------------------------------- [ 1 ]. Nuraisyah Chua Abdullah. Q&A on Malaysian Courts, Statutes, Cases & Contract, Tort And Criminal Law. 2010. print. [ 2 ]. WorksafeVictoria.com Victorian Work cover Authority: 20.5.2 Test for contract of service. Retrieved on 22 February 2012. web. [ 3 ]. Forlex. thefreelegaldictionary.com. Retrieved on 23 February 2012. web.