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at 777. Id. Because legal causation in civil cases is broader and more flexible than it is in criminal cases, these civil cases compel the conclusion that legal causation is not satisfied as to Bauer in this case. hb```n+!10m.F\wx$2 In . Search Warrants in Tasmania Police in Tasmania may search a home for evidence if they have a valid search warrant. 8. This is a useful case where police tried to rely on intel and were unsuccessful Note: to change the value of the intel you will need to request disclosure of the intel. Bauer is not related to TC and is not TC's guardian. What Happens During Examination-in-Chief? In McGrane, a teenage daughter took the parents' firearm from their home, gave it to a friend, the friend used it to commit a robbery, and he fatally shot a third person during that crime. Queensland Bacon Pty Ltd v Rees - [1966] HCA 21 - Jade Unsupervised, TC put one of Bauer's handguns into his backpack. In context, we did not mean cause in fact, but the other type of causation. 2015 Airstream Eddie Bauer $80,000 Aston, Pennsylvania This decision seems to be in line with the following authorities; Shauban Bin hassien and others v. Chong Fook Kan and another (1903) 3 ALL ER 1629; Queensland bacon v. Rees (1966) 115 CLR 266 , Streat v. Bauer & Blanco BC 9892 155. What does Streat mean? If you want to go ahead and book a face-to-face appointment, we will connect you with a specialist in your local area. In some circumstances, the police have the power to conduct a search even without a warrant. STATE of Washington, Respondent, v. Douglas L. BAUER, Petitioner. Streat v Bauer (Supreme Court (NSW), Smart J, 16 March 1998, unreported) Thompson; Hsu v Commissioner of Police of the Metropolis [1998] QB 498. 10. A jury found Mr Rondo guilty ofsupplying a prohibited drugandcultivation of a prohibited plant. As the majority notes, no Washington appellate court has weighed in on the lawful extent of legal cause in the context of the third degree assault statute. Secondly, His Honour Justice Smart said in Streat v Bauer; Streat v Blanco (unreported, NSWSC, 16 March 1998) that robust insistence on ones rights does not constitute reasonable grounds for suspicion. Darling Downs Hospital and Health Service v The Regulator (under the TC's actions are not distinct from Bauer's carelessness for legal causation purposes. The arsonist, however, intentionally started the fireclearly an intentional criminal act capable of causing harm in and of itself. This court has found no Washington case upholding such liability, either, where the accused did not actively participate in the immediate physical impetus of harm. Available at http://ped iatrics.aappublications.Org/content/107/6/1247.full.pdf (subscription required). We determine the best way forward in your legal matter, free of charge. Though a jury may well find Bauer's actions to be too attenuated from the victim's injury to impose criminal liability as a matter of fact, whether criminal liability can attach as a matter of law is a policy question for the legislature. Streat v Bauer. Contractor's beware: strict compliance with notice requirements In part it is also an objective one, because there must also be reasonable grounds for the suspicion. The State argued that the statutory phrase causes bodily harm reached Bauer's conduct as a primary cause of the harm to TC's classmate. 7 The State charged Bauer with assault in the third degree under the deadly weapon prong. Id. 33 The Court of Appeals did not separately discuss vicarious liability under prong (2)(b). Id. It is neither unreasonable nor unwise to allow a jury to decide if it was the firearm owner's criminal negligence that caused the handgun to be brought to school, to be accidentally discharged, and to seriously injure the young victim.