Sunday, March 2, 2014

Conduct as a requirement for criminal liability

FIRST REQUIREMENT FOR CRIMINAL LIABILITY IS CONDUCT

FOR CRIMINAL CONDUCT THE CONDUCT ITSELF MUST COMPLY WITH 4 REQUIREMENTS:-

  • It must be human
  • it must be voluntary 
  • it must be a positive conduct unless there was a legal duty to act positive and you do not
  • in material crimes there must be a causational link between the lawful conduct and the unlawful outcome.


HUMAN CONDUCT

UNLESS DIRECTOR OF COMPANY




VOLUNTARY CONDUCT

 YOUR BRAIN TELLS YOUR BODY TO MOVE 





EXCLUDING GROUNDS FOR VOLUNTARY CONDUCT





ABSOLUTE FORCE SHOULD NEVER BE CONFUSED WITH RELATIVE FORCE.  In relative force you will have voluntary conduct because you still control your body.  relative force is also known as compulsion.





















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