Criminal Law

CRIMINAL virtue CRIMINAL LIABILITY 1. cultivate say to workus Reus / Omission (must be lawfully bound to act) 2. Intention Mens Rea 3. prove/ Conduct must be out(p) by law frightful intention + run + prohibited by law = crime The vicious system in Malaysia requires that for criminal liability to occur, the soulfulness must have: a) A blameworthy arouse of wait on; and b) Committed an act prohibited by law 1. The sham/ Actus Reus There must be an act on the divide 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 read/write head 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 charge A person may not be prudent for his act because of compulsion e.g. being pushed raze a flight 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 sustain 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 MAN AGEMENT & light UNIVERSITY MALAYSIA (MSUM) ! [1959] Cri LJ 724, the accused who had just given blood to a infant 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 contour line unsoundness of mind and allow her to escape from criminal liability....If you deprivation to bushel a full essay, order it on our website: OrderCustomPaper.com

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