Wednesday, January 27, 2010

R v Cogdon (Australia, 1951)

After Anakin Skywalker watched his mother die at the hands of the Tusken Raiders in the deserts of Tattoine (See Portee v Jaffee), he began to have force visions in his sleep that his secret wife, Padme Amidala, was in danger of dying during childbirth. One night, after a particularly gruesome dream, where a vampiric baby straight out of Twilight ate its way out of Padme's stomach, Anakin awoke to find himself standing over his sleeping wife, force pushing on her stomach as if forcing a tiny life back into the womb. Disturbed by the situation (made worse by the fact that he had slept-flown from his current station post on Coruscant all the way to Padme's summer palace on Naboo), he consulted the Jedi Council who suggested that he freeze himself in carbonite before sleeping, in the hopes that the suspended animation might end the horrific visions.

That evening, while communicating via hologram with Padme and the droids, C3PO expressed his trepidation about the ongoing war against the Sith lord Darth Sidious. That night, Anakin had 3PO freeze him in carbonite. Unfortunately, the droid, worried that in his absence R2D2 would cheat at their ongoing game of holochess, set the timer incorrectly on the freezing chamber, setting the auto-unfreeze for 5 minutes instead of 5 hours. Upon unfreezing, Anakin, who was still asleep, dreamed that the Sith were attacking Padme in her home. A sinister cloaked figure was on her bed, lightsaber drawn.

Anakin awoke to find himself crying hysterically, landing his ship on Coruscant. He rushed to Obi-Wan's room and told him that he was afraid he had harmed Padme. Together they rushed back to Naboo, only to find that in his unconscious state, Anakin had hacked his wife to death.

The Jedi Council, in determining Anakin's culpability, stated that there is no crime without the presence of overt and voluntary conduct (actus reus). They found that even though Anakin had overtly preformed the act of lightsaber murder, it was a product of involuntary unconsciousness, and that the act was not actually his act at all.

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