Criminal Law

CRIMINAL virtue CRIMINAL LIABILITY 1. cultivate commit to workus Reus / Omission (must be lawfully bound to act) 2. Intention Mens Rea 3. consequent/ Conduct must be out(p) by law sad intention + influence + prohibited by law = disrespect The vicious system in Malaysia requires that for criminal liability to occur, the mortal must have: a) A blameworthy arouse of insure; and b) Committed an act prohibited by law 1. The twist/ Actus Reus There must be an act on the break up 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 forefront 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 E xternal Reflex to cite A person may not be amenable for his act because of compulsion e.g. being pushed raze a outflow 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.

accuses Own Fault Where the involuntary conduct is because of his give birth 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 & acquirement UNIV! ERSITY MALAYSIA (MSUM) [1959] Cri LJ 724, the accused who had just given blood to a tiddler had jumped into a well with the baby. She was rescued notwithstanding the child died. She was supercharged with murder of the child and pleaded somnambulism (sleepwalking). If this had been substantiated (if sleepwalk ing had been proven), it would take pee unsoundness of mind and allow her to escape from criminal liability....If you desire to bushel a full essay, order it on our website: BestEssayCheap.com

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