utorial 3

1) Discuss whether element of actus reus can be established in these cases:

i. Sandra was sleeping soundly when Mike, her boyfriend, came into her room with a
cigarette. Sandra was angry with him for smoking and they quarreled. Mike left the room
and Sandra thought that he had gone back to his apartment. However, she did not realize
that he had gone to the next room to continue smoking. Mike did not put out his cigarette
properly and much later his cigarette had caused a small flame. Mike ignored the flame as
he was too upset with Sandra since she scolded him earlier. He left quietly without alerting
Sandra and the flame became bigger. Sandra later discovered the fire and tried to put out
the fire by herself. As a result, Sandra was severely burnt. Mike was later charged for
causing grievous hurt under section 326 of the Penal Code.
I - Whether Mike can be charged under s. 326?
R - AR - s.33, s.43, s, 320 - definition, s.326, R v Miller
MR - s.39 (voluntarily), s.326
“Voluntarily”
39. 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 time of employing those means, he knew or had
reason to believe to be likely to cause it.
ILLUSTRATION
A sets fire, by night, to an inhabited house in a large town, for the purpose of facilitating a
robbery, and thus causes the death of a person. Here A may not have intended to cause
death, and may even be sorry that death has been caused by his act; yet, if he knew that he
was likely to cause death, he has caused death voluntarily.
A - after establishing AR of Mike, prosecution should prove the mens rea. S.39 summarises
the meaning of volumtariliness. According to this section, voluntariness means that D had
the intention to carry out a voluntary act. Based on the facts, it is clear that Mike was aware
that his cigarette had caused a flame. It can be argued that Mike had the knowledge of the
flame. (Intention) P has to argue that when he failed to inform her, it was his aim, desire &
purpose to cause harm.