Wednesday, December 8, 2010

What is involuntary homicide offences?

Involuntary offences are often committed in the context of the road and work accidents. An involuntary offence occurs where a person has caused physical harm to another without having wanted to do so, and sometimes without even having foreseen that they might do so. Thus, for an involuntary homicide there will have been no intention to kill. These offense are described in French as involontaire despite the fact that the act itself was voluntary, though the result wast not. For example, in a fatal road accident, the driver was often voluntarily driving at a n excessive speed, though he had not wanted to kill.

In the absence of a requirement of intention, these offences can be analysed as only requiring an actus reus which includes the element of fault, or the fault can be treated as the menes rea.
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