| 单词 | Wilful blindness |
| 释义 | 裝聾作啞 Refusal to acknowledge the existence of facts which are apparent from the surrounding circumstances, for example, by the failure to make inquiries in suspicious circumstances, or shutting one’s eyes to suspicious circumstances: Crawley v A-G [1987] HKLR 379. Wilful blindness is not enough to establish the requisite knowledge unless it can be shown that the accused suspected the goods to have been stolen and deliberately shut his eyes to the circumstances in which the goods came into his possession: R v Forsyth [1997] 2 Cr App Rep 299 (CA). Evidence of acts or omissions which might be described as showing wilful blindness, or wilful or reckless failure to ask questions, is evidence which can properly be considered, along with any other evidence the case, in deciding whether an inference should be drawn that the person in question was acting dishonestly: Royal Brunei Airlines Sdn Bhd v Tan [1995] 2 AC 378. It is dishonest for a man deliberately to shut his eyes to facts he would prefer not to know. If he does so, he is taken to have actual knowledge of the facts to which he shut his eyes. Such knowledge has been described as ‘Nelsonian knowledge’, meaning knowledge which is attributed to a person as a consequence of his wilful blindness: Twinsectra Ltd v Yardley [2002] 2 AC 164 (HL). However, a person’s failure through negligence to make inquiry is insufficient to enable knowledge to be attributed to him: Agip (Africa) Ltd v Jackson [1990] Ch 265. See also Knowledge. 拒絕承認明顯事實的存在，例如，未就可疑的情況展開調查，或對可以情況視而不見：Crawley v A-G [1987] HKLR 379。裝聾作啞不足以確立必需的知識，除非能夠表明被控人懷疑貨物已被盜，並故意對其持有貨物這一事實視而不見：R v Forsyth [1997] 2 Cr App Rep 299（英國上訴法院）。可能被描述為裝聾作啞的作為或不作為的證據，或故意或罔顧後果不回答問題，均可作為證據，該等證據連同類似的任何其他證據均可妥為納入考慮，以決定是否應推斷受質疑的人曾不誠實地行事：Royal Brunei Airlines Sdn Bhd v Tan [1995] 2 AC 378。某人對其不願知悉的事實故意視而不見，則已構成不誠實行為。如他的確這樣做，他將習慣於知悉其視而不見的事實的實情。對事實的該種認識被描述為「納爾遜認識」，即因某人裝聾作啞所得出的認識：Twinsectra Ltd v Yardley [2002] 2 AC 164 （英國上議院）。但某人如因疏忽而未開展調查，則不足以產生該認識：Agip (Africa) Ltd v Jackson [1990] Ch 265。另見 Knowledge。 |
| 随便看 |
|
法律词典收录了8080条英汉双解法律词条，基本涵盖了常用法律英语单词及短语词组的翻译及用法，是法律学习的有利工具。