voluntariness

Question 1

voluntar

voluntariness

Answer 1

attaches to the physical elements componenet of conduct
in most cases, voluntariness is assumed because the conduct has happened -> however there will be situations where lack of voluntariness is raised, usually in situations where intention is not an element of conduct
- if it can be proven that conduct was not voluntary, then the prosecution has not made out its case by proving each element of the offence beyond a reasonable doubt

Question 2

voluntariness

spasm, convulsion or unwilled bodily movement

Answer 2

a person may be conscious movement is happening but it is not willed - law focuses on the relevant act

ryan v the queen (pg98)

Question 3

voluntariness

act performed during sleep or unconsciousness

Answer 3

this may involve concept of automatism - act ‘done by the muscles without any control of the mind’
automatism induced by trauma leading to disassociation - such automatism may be with mental impairment (insane) or without mental impairment (sane)

jiminez v the queen (pg99)

Question 4

checkpoint

which of the following have been held to affect an individual’s voluntariness, and therefor criminal liability?

Answer 4

• **dissociation cause by ptsd
• sexsomina
• dissociation caused by a physical trauma such as a blow to the head resulting in concussion
• epilepsy
• hypoglycemia
• sleepwalking**
• depression

Question 5

checkpoint

voluntariness is rarely addressed in criminal cases because it is usually assumed

Answer 5

true
- voluntariness is often assumed in criminal cases, which is why it is rarely addressed unless specific circumstances suggest otherwise

Question 5

checkpoint

the correct words in the correct boxes

Answer 5

this lecture explores the concept of voluntariness as a fundamental element of criminal offending, emphasising that the accused’s conduct must be voluntary, meaning it is under their conscious control. it discusses the implications of involuntary conduct, including examples such as sane automatism, where a lack of voluntariness can lead to acquittal, distinguishing this form of automatism, which relates to the physical element, versus insane automatism, which can be an attack on the actus reus, but which can also affect the fault element

Question 6

checkpoint

voluntariness is a fundamental element of criminal offences that is associated with the physical component of conduct

Answer 6

true
- voluntariness is indeed a fundamental element of criminal offending, specifically associated with the fault element component, which requires that the conduct be under the control of the accused

Question 7

checkpoint

in cases of strict liability, voluntariness is not required for the conduct to be considered criminal

Answer 7

false
- even in strict liability cases, voluntariness is required for the conduct to be considered criminal. The physical act must be under the conscious control of the person