Friday, May 23, 2014
CRIMINAL LIABILITY
If you are asked to discuss the criminal liability of X, you must first tell me what are the requirements for criminal liability. this means that you only need to include ALL the REQUIREMENTS as step one (exclude principles of legality). this should contain NOTHING that will exclude or justify X"s liability. Then as a second step you read the facts of the question and then you apply the facts to the requirements. normally now you need to consider the relevant issues that may or may not exclude or justify X's conduct and then lastly you draw a conclusion.
If you start your answer by stating x is guilty because he... you will most likely leave out many relevant things which I will allocate marks to.
Good luck.
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