3. Voluntariness

One of the basic building blocks of the commission of an offense is that its commission have been voluntary. Importantly, this is not the same thing as the mens rea requirement and points to something more basic and physical: was the person actually in control of her mind and body? We have already seen the specific case of mental disorder which may go to the voluntariness of the act, but there are other circumstances where someone's behaviour might be held to not be voluntary.


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