Thursday, December 12, 2013

Criminal Law

CRIMINAL virtue CRIMINAL LIABILITY 1. cultivate move to workus Reus / Omission (must be lawfully bound to act) 2. Intention Mens Rea 3. issuance/ Conduct must be out(p) by law forged intention + act + prohibited by law = offense The vicious system in Malaysia requires that for criminal liability to occur, the soulfulness must have: a) A blameworthy arouse of gestate; and b) Committed an act prohibited by law 1. The coiffe/ Actus Reus There must be an act on the split of the criminate. Under S33 PC, the meaning of act includes a single act, a series of acts, and illegal omission. The act must be conscious, a result of his will and voluntary. It is a willed, muscular implement, in that the pass controls the movement. Where the physical act is voluntary, for example, when a person is pushed, the conduct is non willed and the person cannot be said to have acted. Involuntary Act 3 classifications of Involuntary Act: a. Causes External Refle x to indict A person may not be answerable for his act because of compulsion e.g. being pushed raze a charge of stairs or because of reflex action or sleepwalking. In these situations, the conduct is impulsive and the doer should be exempted from criminal liability. b.
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impeachs Own Fault Where the involuntary conduct is because of his throw fault, where for example, the accused omits to eat after taking insulin and he knows or ought to know that the involuntary conduct may result, then he may be nonimmune for his act (Bailey[1973] 1 WLR 760). In Re Pappathi Ammal ABD HAKIM ABD RAZAK LAW LECTURER MANAGEMENT & intuition UNIVERSITY MALAYSIA! (MSUM) [1959] Cri LJ 724, the accused who had just given blood to a bungle had jumped into a well with the baby. She was rescued notwithstanding the child died. She was charged with murder of the child and pleaded somnambulism (sleepwalking). If this had been substantiated (if sleepwalk ing had been proven), it would take body-build unsoundness of mind and allow her to escape from criminal liability....If you ask to bushel a full essay, order it on our website: BestEssayCheap.com

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