Criminal Law Study Set 2
Quiz 3 :
The General Principles of Criminal Liability Actus Rea
Brief summary of the case: Mr.DS, a minor and Mr.JB had decided to drink alcohol from Mr.JB's home.Mr.B and Mr.DS together reached Mr.JB's home.Mr.JB opened the door by holding a.357 revolver, and then he said that there is.44, AR-15 and.38 revolvers inside the house.The.357 and.44 revolvers were fully loaded.Three of them drank beer and started playing with the guns.Mr.DS and Mr.B had a plan to steal the guns and Mr.JB came to know about the same. Mr.B hit Mr.JB and proved in the court that he involuntarily did that.The court order was in favor of Mr.B, because anything happened involuntarily will not treat a person as guilty. 1) Facts relevant in deciding whether Mr.B shot Mr.JB voluntarily: The court could not believe the story given by Mr.B blindly, because after doing the crime he can say anything that will help him to escape from the case.According to the law, a voluntary act is enough to make a person guilty. In this case, Mr.B will be held responsible for the crime.It is due to the voluntary act that he did before the involuntary firing.Not only the last act is considered, instead any act that have done in the conduct will be taken in to consideration. 2) Court's definition for "voluntary act": Voluntary act is a requirement for proving the defendant as guilty.It should be carried out voluntarily or intentionally and distinguished from status, words, thoughts, omissions, and involuntary acts.Voluntary act is one of the four elements that should exist to say a crime has occurred. 3) Reason why the judge was not required to give the jury instructions to Mr.B: In this case, the court identified that Mr.B triggered the gun voluntarily.Since there is a voluntary act involved in this case, the court denied providing jury instructions to Mr.B. This is because, the court know the fact that there is a voluntary act involved in this case and one voluntary act is enough to prove a person as guilty. 4) Mr.X's opinion on determining an act as voluntary: According to Mr.X, any act did intentionally in the conduct should be taken as a voluntary act.The last act in a crime may be involuntary; it should not be taken into consideration, because the intention behind the act is voluntary.A person cannot escape from a case, if any voluntary act is involved in it. Conclusion: Any voluntary act involved in a case will be taken into consideration by the court before taking a decision.If there is a voluntary act involved in the conduct then the case will proceed for the conviction of the criminal.If it seems to be involuntary, then the person will get considerations as per law.
Brief summary of the case: Mrs.C was charged with the murder case of her daughter Ms.P.One night, Mrs.C dreamt about a war that was happening around her home.In that dream, some soldiers were inside the home and one among them was attacking Ms.P.Suddenly, Mrs.C took an axe and, as in dream, she started attacking the soldier.Though it was a dream, she actually harmed and killed her daughter Ms.P. The court order came in favorable to Mrs.C on the basis of the evidences provided by her psychiatrist, psychologist and physician.The evidences state that Mrs.C is having some psychological problems and she did the murder unconsciously. 1) Facts for deciding whether Mrs.C voluntarily killed Ms.P: The evidence given by the doctors is enough to prove that Mrs.C has done that murder involuntarily.The doctors and Mr.C were saying that she was very conscious about her daughter, Ms.P.It is evident from the case that Mrs.C did the crime involuntarily; no voluntary act is involved in it. For proving Mrs.C as guilty, at least one voluntary act is necessary.However, no such acts are involved in the crime.The evidences provided by her psychologist, psychiatrist and physician supported this involuntary crime. 2) Court's definition for "voluntary act": Voluntary act is a requirement for proving the defendant as guilty.It should be carried out voluntarily or intentionally.It should be distinguished from status, words, thoughts, omissions and involuntary acts.Voluntary act is one of the four elements that should exist to say a crime has occurred. According to the law, any case associated with a voluntary act will be treated as normal case.To prove an act as involuntary, it should be supported with proper evidences. 3) Reasons why the court summarized Mrs.C did not murder Ms.P: The evidences provided by the psychiatrist, psychologist and physician prove that Mrs.C is mentally not fit.Some activities she has done earlier show her psychological illness. A few days before the murder, Mrs.C dreamt about a spider attack and ran to Ms.P's room at night in order to protect her from the spider attack.These kinds of acts of Mrs.C show that she was very conscious about her daughter.On the background of these events, the court summarized that Mrs.C has not murdered her daughter. 4) Mr.X's view about the voluntary act involved in the crime: Mr.X is on the view that there is no voluntary element included in this murder case.The unconsciousness of Mrs.C is the reason behind the murder and the doctors said that she is not psychologically well.No voluntary act is involved in this case; the murder happened was purely due to the involuntary reasons. Conclusion: In a case, if it is proved that an issue has happened due to the psychological instability of a person, then the case will be considered as involuntary.To avail the consideration of the involuntary act, it should be supported with proper evidences from doctors.
Brief summary of the case: Mr.E was driving his car alone.While driving, he felt epileptic seizure.Six girls were stricken by his car from behind and it caused their death.After that, the car destroyed a metal lamppost, brick wall of a grocery shop, injured a customer in that shop and caused property damage.When the car got stopped, police came and arrested him. 1) The following are the voluntary acts by Mr.E before his seizure: Mr.E knows that he is having the illness of epileptic; still he drove the car without accompanying anyone.As per the law, a proof is needed which shows that he is free from epileptic seizure for last six months and a statement from physician are also needed. Without having these proofs, Mr.E has driven the car and thus the accident happened will be considered as a voluntary action.Only those issues happened after epileptic seizure will be considered as involuntary.Mr.E is not eligible to avail the relaxations of involuntary act. 2) The acts that he did voluntarily and involuntarily: The activities he did before the epileptic seizure were voluntary and the issues happened after epileptic seizure was involuntary.The issues happened are due to his negligence about his illness, so he will not get any benefit of the involuntary acts.It was a foreseeable problem that had happened. If the problem had happened after getting relieved from the illness, he would not have been voluntarily held liable.In such a case, anything happened again due to the seizure will be taken as involuntary. 3) Whether Mr.E is criminally liable for killing of the girls: Mr.E is criminally liable for the murder of the girls, because there are voluntary acts involved in the conduct.He was aware of his illness and its seriousness; still he attempted to drive alone and caused the death of the girls and other issues.Mr.E will be held liable for the issues after his epileptic seizure. Conclusion: In the case of epileptic seizures, the problems happened after the epileptic seizure will be taken as involuntary.All those things happened before the epileptic seizure will not be taken as involuntary.In this case, Mr.E will be held liable for the killing of the girls, since it had happened due to a voluntary act.