We need to remember the requirements of criminal liability which are:
- CONDUCT
- human- exception being director company
- voluntary - exclusions vis major, absolute force and automatism
- positive - general rule unless legal duty to act positive and you do not
- causation - in material defined crimes - need factual and legal causation.
- UNLAWFULNESS - no justification
- CAPACITY - excluded by age, insanity and non pathological incapacitation
- FAULT -either intent or negligence as required by definitional elements of crime.
This semester we will consider the liability of more than one perpetrator in a crime. We will firstly look at participation in crime, considering the perpetrator, accomplice and accessory after the fact. We will also consider incomplete crimes and a number of selected specific crimes.
We will once again have two assessment marks made up of a test and an assignment which will give you your semester mark and which must be a minimum of 40% for admission to the exam, which will consist of one three hour paper for 100 marks.
Good luck.
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