Sunday, August 19, 2012

NEW SEMESTER

Welcome back to the second semester of criminal law.  This semester we will build on the general principals of criminal law we studied in the first semester.

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.
Up till now we only applied these requirements to a single person who committed the crime as a single perpetrator.

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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