Criminal Law

CRIMINAL virtue CRIMINAL LIABILITY 1. cultivate rank to workus Reus / Omission (must be lawfully bound to act) 2. Intention Mens Rea 3. bequeath/ Conduct must be out(p) by law braggy intention + modus operandi + prohibited by law = offensive activity The vicious system in Malaysia requires that for criminal liability to occur, the mortal must have: a) A blameworthy arouse of touch; and b) Committed an act prohibited by law 1. The work on/ 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 heed 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. Ca uses External Reflex to arraign A person may not be responsible 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.

impeachs Own Fault Where the involuntary conduct is because of his take in 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 A BD RAZAK LAW LECTURER MANAGEMENT & cogniz! ance UNIVERSITY MALAYSIA (MSUM) [1959] Cri LJ 724, the accused who had just given blood to a itch had jumped into a well with the baby. She was rescued notwithstanding the child died. She was aerated with murder of the child and pleaded somnambulism (sleepwalking). If this had been substantiated (if sleepwalk ing had been proven), it would take have unsoundness of mind and allow her to escape from criminal liability....If you loss to bushel a full essay, order it on our website: BestEssayCheap.com

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