ABSTRACT

In determining whether the defendant’s actions satisfied the standard of a reasonable man, the court will measure those actions against the conduct expected of a person of normal intelligence, and the defendant will not be excused for having acted ‘to the best of his own judgment’ if his ‘best’ is below that to be expected of a man of ordinary intelligence.53 Thus, it is no defence that the particular defendant had unusually slow reactions or a lower than average intelligence quotient. On the other hand, a person of higher than average intelligence or possessing unusually quick reactions will not be judged by his own high standards, and will not be liable for having failed to use those exceptional qualities.54