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From the above examples, you may feel that the distinction between voluntary and involuntary conduct is quite straightforward. However, consider this third example and see if the distinction is as easy to make.

example

Jill dares Jack to jump from the window onto the car below. Jack is too scared to do so and refuses. Jill then threatens Jack with violence should he not jump. As a result of the threat, Jack jumps and damages the car below.

On one view, Jack is liable as his conduct was willed and voluntary as he jumped from the window; he was not pushed or thrown. On a second view, Jack is not liable as he was forced from the window in fear of his safety. The answer is that Jack’s conduct remains voluntary. Although forced to jump from the window as a result of the threat, Jack’s actions are still conscious, willed and rational. He may be able to rely on a defence to a crime, such as duress, but his actions are still deemed, until duress is proven, to be voluntary despite the threat or coercion. See Chapter 7 for a discussion of the law of duress.

A second example may assist your understanding further.

example

Jill threatens to push Andy off a wall should Jack not go and steal an item of jewellery for her. Jack does so.

In this case, Jack’s conduct remains voluntary despite the threat to Andy. You may consider this to be wrong given that Jack has, essentially, no choice: he either complies with Jill’s threat or Andy is hurt. However, despite the threat, his conduct remains free, willed and voluntary. Again, he may be able to rely on a defence to any crime committed, but his conduct would remain voluntary. In summary (see Table 2.4), it is essential that you do not confuse physical compulsion with involuntary conduct.

Table 2.4Voluntary or involuntary conduct

Example	Voluntary	Involuntary
Being thrown from a window		X
Jumping from a window as a result of a threat to oneself or another	X
Damaging property after suffering an allergic reaction to a bee sting whilst behind the wheel of a car		X
Being pushed into a person’s garden, damaging their fence		X
Being dared to ‘garden-hop’ (running through other peoples’ gardens) and accidentally damaging a fence in doing so	X