anatomy of crime

Question 1

types of MR - got 4 types

Answer 1

intention, knowledge & wilful blindness, recklessness, negligence

Question 2

wilful blindness - what about it? case?

Answer 2

is equivalent to actual knowledge. The person who is found to be guiltiy of wilful blindness bears the same crim liab as one who possesses actual knowledge. IE he suspects something is amiss and is wrong, bUT he chooses to turn a blind eye to it and does not make substantive inquiry so as to bring him closer to the truth. Deliberately keeping himself in the dark. Case of tan kiam peng is exactly that –> suspicious of the nature of the drug; but the fact that he chose to be wilfully blind to the nature of the drug makes him culpable of having actual knowledge of the nature of the drug!

case of tan kiam peng –> found liable of wilful blindness to the exact nature of drug which is legally equivalent to having actual knowledge of the nature of the drug.

Question 3

rashness

Answer 3

you are aware of the risk but choose to do it, hoping that the risk will not give rise to bad consequence. You also take some precautions, though.
you dont have intention to cause harm,
you dont have knowledge to that your conduct will probably cuase harm.,
rashness is subjective; cannot use rznable person benchmark.

Question 4

knowledge

Answer 4

virtually certain ; aware that their actions will have such a repercussion for sure

Question 5

2 impt aspects of wilful blindness

Answer 5

1. accused has suspicion that his act will have some form of harmful consequence –> go on to establish the level of suspicion?
2. A had knowledge that there was a high probability that facts existed, and that he could find out these facts to have complete knowledge. Refer to defn of knowledge –> full certainty of the consequences of ones acts –> deliberately chose not to pursue more info

Question 6

probabilty vs possibility

Answer 6

probability is encoded in s299 –> knows that conduct is proabbly gonna be harmful; and that the consequence of death will follow –> higher degree of certainty

possibility –> knows that the conduct is possibly gonna be harmful, but does it anyway –> 304a this is rashness.

Question 7

rashness and cases

Answer 7

RECKLESS(replace rashness with reckless in road traffic accidents)

Question 8

types of crime

Answer 8

conduct or result

Question 9

omissions

Answer 9

s 33 of PC
best way to look at it –> factual causation inquiry –> “if not for” the omission woudl the effect have taken place? to establish if ommission was the cause.

whereby a legal duty arises out of a moral duty in q v instan –> failrue to uphold legal duty leads to crim liab

Question 10

voluntary acts

Answer 10

C W M movement. Acts must be done voluntarily in order for the accused to be criminally liable, or else punishment has no deterrent purpose if we punish smb who cant control his actions

Question 11

examples where automatism shld be mentioned?

Answer 11

s84 or 80 for automatism
insane automatism is unsoundness of the mind –> obv some medical condition that impairs the brain
noninsane automatism –> sleepwalking (not violent ones though) , external stimuli, due to medication or lack thereof

Question 12

negligence and standard of care?

Answer 12

lim poh eng, ng keng yong

- standard of care should be the same, although civil and crim liability should be distinguished