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Criminal Law Essay

  • Submitted by: anonymous
  • on July 23, 2012
  • Category: Social Issues
  • Length: 7,670 words

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Below is an essay on "Criminal Law" from Anti Essays, your source for research papers, essays, and term paper examples.

CRIMINAL LAW

CRIMINAL LIABILITY
1. Act – Actus Reus / Omission (must be legally bound to act)
2. Intention – Mens Rea
3. Result/ Conduct – must be prohibited by law
Bad intention + Act + prohibited by law = offence
The criminal system in Malaysia requires that for criminal liability to occur, the person
must have:
a) A blameworthy state of mind; and
b) Committed an act prohibited by law

1.

The Act/ Actus Reus
There must be an act on the part of the accused. 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 action, in that the mind 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 External Reflex to Accused
A person may not be responsible for his act because of compulsion e.g.
being pushed down a flight of stairs or because of reflex action or
sleepwalking. In these situations, the conduct is involuntary and the doer
should be exempted from criminal liability.
b. Accused’s Own Fault
Where the involuntary conduct is because of his own 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
liable for his act (Bailey[1973] 1 WLR 760). In Re Pappathi Ammal

ABD HAKIM ABD RAZAK
LAW LECTURER
MANAGEMENT & SCIENCE UNIVERSITY MALAYSIA (MSUM)

[1959] Cri LJ 724, the accused who had just given birth to a baby had
jumped into a well with the baby. She was rescued but 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 constitute unsoundness of mind and allow her to escape
from criminal liability....

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