UCR 2612 – Criminal Law 1

Tutorial 4, 5 (& 6)

Question 1

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.

Explain:

i) What is the required mens rea to be proven?

ii) Whether Mike would still be liable if he argues that at the time his cigarette caused
the flame he did not have the mens rea to cause injury to Sandra.

Question 2

Jackal despised with Ben, his officemate, and had planned to scar Ben’s handsome face.
Jackal bought a bottle of corrosive substance and followed Ben when he went to the toilet
with the bottle. Jackal waited for Ben to leave the toilet and as he left, Jackal threw the
corrosive substance on Ben’s face. However, Ben was lucky as he bowed and the
corrosive substance splashed on Jacky’s face. Jacky was rushed to the nearest hospital
and the doctors have said that Jacky was suffered 30% of burnt.

Discuss Jackal’s liability for causing grievous hurt on Jacky if he claimed that he has no
intention to harm Jacky.

Question 3

A general principle in English common law is that a person is not guilty of a crime
without a guilty mind.

Explain this proposition in light with the principle of strict liability.