Voluntary Conduct

Question 1

What is the significance of voluntary acts in criminal liability?

Answer 1

Essential for criminal liability

Reference: Bratty v AG for Northern Ireland

Question 2

What is automatism in the context of criminal law?

Answer 2

Defense applies if the body acts without the mind’s control

Reference: People (DPP) v FN

Question 3

What are internal factors in automatism?

Answer 3

Treated as insanity

• Epilepsy
• Sleepwalking

References: R v Sullivan; R v Burgess

Question 4

What are external factors in automatism?

Answer 4

May result in acquittal

• Fainting
• External shock

Reference: Hill v Baxter

Question 5

What is the test for automatism?

Answer 5

Total destruction of voluntary control

Reference: AG’s Ref No. 2 1994

Question 6

Is partial control sufficient for automatism?

Answer 6

No, it is insufficient

Reference: O’Brien v Parker

Question 7

What is the doctrine of prior fault in relation to automatism?

Answer 7

Automatism defense may fail if the defendant created the risk

Example: intoxication; Reference: Kay v Butterworth

Question 8

Is there a general duty to act in criminal law?

Answer 8

No general duty to act unless a legal duty exists

Reference: R v Lowe

Question 9

What is a duty to act when a danger is created?

Answer 9

If the defendant creates a danger, they must mitigate it

Reference: R v Miller

Question 10

What constitutes a special relationship that creates a duty to act?

Answer 10

Duties exist for:

• Parent (R v Senior)
• Spouse (R v Hood)
• Assumed responsibility (R v Stone and Dobinson)

Each case establishes responsibilities in specific relationships.

Question 11

What is the legal stance on Good Samaritan laws in Irish law?

Answer 11

No general duty, but exceptions exist in some jurisdictions

Example: Vermont Statute

Question 12

What is required for possession in criminal law?

Answer 12

Control and awareness of the object

Reference: People (DPP) v Conroy

Question 13

What is actual possession?

Answer 13

Physical control of the object

Reference: People (DPP) v Foley

Question 14

What is constructive possession?

Answer 14

Control through others or specific locations

Reference: People (DPP) v Wharrie

Question 15

What does the mental element of possession involve?

Answer 15

Awareness of the object’s existence

Reference: People (DPP) v Ebbs

Question 16

What is willful blindness in the context of possession?

Answer 16

Knowledge inferred where the defendant deliberately avoids confirming the facts

Reference: People (DPP) v Tanner