penal code

Question 1

voluntariness

Answer 1

definition in PC
26A. A person is said to cause an effect “voluntarily” when he causes it by means whereby he intended to cause it, or by means which, at the time of employing those means, he knew or had reason to believe to be likely to cause it.

an act is a voluntary, conscious willed muscular movement

3 aspects to vulntary conduct –> D must have intention to perform that exact act, has knowledge or reason to believe that the effect was likely to happen

Question 2

intention.
1. definition
2. how to establish? since in those cases they claim that they dont intend to kill or cause the consequence
3. foresight?
4. intention and motive

Answer 2

1. intended to have the RESULT!s26… degree of intention is tbhe HIGHEST because the accused who commits a crime intentionally surely does it with the purpose of seeing that desired consequence, or that he does it becus he knows that the consequence is virtually certain or bound to happen.
2. assessment of…
   nature of weapon, how many times was he stabbed, depth of stab wound and nature of injury, where he was stabbed
3. foresight can be taken into account. if he foresaw this shit was bouta happen it is likely he had intention to do it, and intended for that consequence to happen
4. intention ≠ motive. refer to PC exaplantion. motive usually stems from emotional compulsion. Intention just means that there was a purpose to achieve the result.

Question 3

knowledge and wilful blindness

Answer 3

refer to s26 also
subjective knowledge –> what knowledge did he possess at that time
wilful blindness –> willed himself to be oblivious to information regarding his actions and the consequences of his actions, although he knows how to acquire the information