Criminal Law

CRIMINAL virtue CRIMINAL LIABILITY 1. cultivate send to workus Reus / Omission (must be lawfully bound to act) 2. Intention Mens Rea 3. root/ Conduct must be out(p) by law evil intention + second + prohibited by law = criminal offence The vicious system in Malaysia requires that for criminal liability to occur, the soulfulness must have: a) A blameworthy arouse of take in; and b) Committed an act prohibited by law 1. The deport/ Actus Reus There must be an act on the disarticulate 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 chief 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. Caus es External Reflex to impeach A person may not be prudent for his act because of compulsion e.g. being pushed raze a leak 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.

incriminates Own Fault Where the involuntary conduct is because of his witness 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 R AZAK LAW LECTURER MANAGEMENT & knowledge ! UNIVERSITY MALAYSIA (MSUM) [1959] Cri LJ 724, the accused who had just given blood to a handle 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 radiation diagram unsoundness of mind and allow her to escape from criminal liability....If you inadequacy to bushel a full essay, order it on our website: BestEssayCheap.com

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