LLB106 Lecture Notes - Lecture 9: Hypoglycemia, Criminal Negligence, Diminished Responsibility
Document Summary
Week 9: section 23 cc, act independent of will: s 23(1)(a, accident: s 23(1)(b, insanity - s 27, diminished responsibility - s 304a, intoxication - s 28. Note: it is important to understand the scope and relationship between these provisions. Both limbs of s 23(1) are excuses, so accused has evidential onus but prosecution bears persuasive onus (must therefore disprove beyond reasonable doubt) Failure to disprove leads to acquittal (ie. complete excuse) Where criminal negligence is established, s 23 is not applicable. Elements: an act or omission, diverging views on the scope and meaning, must distinguish the act from its consequences (the event ) Falconer at 39: ask whether the bodily act was voluntary (the product of a conscious choice, act is independent of will if stems from: Concerned with the event (the result/consequence of the accused"s conduct) If prosecution cannot establish 1 of these, then the jury must find the accused not guilty.
