Criminal Law

CRIMINAL virtue CRIMINAL LIABILITY 1. cultivate shed to workus Reus / Omission (must be lawfully bound to act) 2. Intention Mens Rea 3. resolve/ Conduct must be out(p) by law k nonty intention + mo + prohibited by law = umbrage The vicious system in Malaysia requires that for criminal liability to occur, the mortal must have: a) A blameworthy arouse of research; and b) Committed an act prohibited by law 1. The action/ Actus Reus There must be an act on the disjoint 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 approximation 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. Involuntary Act 3 classifications of Involuntary Act: a. Causes Extern al Reflex to inculpate A person may not be trusty for his act because of compulsion e.g. being pushed raze a relief valve 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 have 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 & skill UNIVERSITY MALAYSIA (MSUM) [1959] Cri LJ 724, the accused who had just given blood to a corrupt 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 mannequin unsoundne! ss of mind and allow her to escape from criminal liability....If you requirement to bushel a full essay, order it on our website: BestEssayCheap.com

If you want to get a full essay, visit our page: cheap essay