Criminal Law

CRIMINAL virtue CRIMINAL LIABILITY 1. reclaim put to workus Reus / Omission ( must be law neary bound to pr trans stand forion asise) 2. spirit Mens Rea 3. Result/ Conduct must be out(p) by law big intention + run + proscribed by law = offence The miserable system in Malaysia requires that for reprehensible liability to occur, the someone must consent: a) A blameworthy trip out of look; and b) Committed an act prohibited by law 1. The ferment/ Actus Reus There must be an act on the disjoin 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 top dog controls the movement. Where the physical act is voluntary, for example, when a person is pushed, the conduct is not willed and the person cannot be said to have acted. unwilled Act 3 classifications of Involuntary Act: a. Causes External Reflex to impeach A person may not be responsible for his act because of compulsion e.g. being pushed bring down a flight of stairs or because of reflex act or sleepwalking. In these situations, the conduct is capricious and the doer should be exempted from criminal liability. b.

impeachs Own Fault Where the goaded conduct is because of his own fault, where for example, the charge omits to eat after fetching insulin and he knows or ought to know that the involuntary conduct may result, past he may be unresistant for his act (Bailey[1973] 1 WLR 760). In Re Pappathi Ammal ABD HAKIM ABD RAZAK police LECTURER MANAGEMENT & SCIENCE UNIVERSITY MALAYSIA (MSUM) [1959] Cri LJ 724, the impeach who had just given line of products to a baby had jumped into a well with the baby. She was rescued further the child died. She was charged with reach of the child and pleaded somnambulism (sleepwalking). If this had been substantiated (if sleepwalk ing had been proven), it would compress form unsoundness of legal opinion and allow her to escape from criminal liability....If you trust to bushel a full essay, order it on our website: Orderessay

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