Podcast Beta
Questions and Answers
What does oblique intent refer to?
In the context provided, when is a person not excused from liability for an undesired consequence?
According to sec 11(2), when is a person deemed to intend a certain event?
In the provided illustration, why is it immaterial that A earnestly desires to avoid causing B's death?
Signup and view all the answers
What was the intention of the first appellant in the case of Idiong as mentioned in the text?
Signup and view all the answers
What role did the second appellant play in the case of Idiong?
Signup and view all the answers
Why were both appellants in the case of Idiong convicted of murder?
Signup and view all the answers
What is crucial in determining liability in cases of oblique intent?
Signup and view all the answers
How does sec 11(2) define intention regarding causing an event?
Signup and view all the answers
Study Notes
Criminal Law
- A crime is a legal wrong that may be followed by criminal proceedings, which may result in punishment
- A matter is considered criminal if the direct outcome may be trial of the subject and possible punishment for an alleged offence by a court
Characteristics of Criminal Law
- Criminal law connotes only the quality of such acts or omissions as are prohibited under the appropriate penal provisions by authority of the State
Determining Criminal Liability
- To establish responsibility for the actus reus, it must be proved that the accused caused or contributed to cause the prohibited event
- If no connection can be established between the act of the accused and the ensuing event, the accused will be exculpated from liability
Causation
- Causation is governed by sections 13, 64, and 81 of Act 29
- By section 13(7), it is a question of fact whether an event is fairly and reasonably to be ascribed to a person's act
- Section 81(d) provides that a person is not excused from liability to punishment for causing harm to another person, on the grounds that the other person personally contributed to cause the harm
Oblique Intent
- Oblique intent refers to the foreseeable indirect consequence of a person's act
- A person who does an act voluntarily, believing that it will probably cause or contribute to cause an event, intends to cause that event
- Section 11(2) provides that if a person engages in conduct for a particular purpose and the means chosen causes other effects, the accused is not excused from liability if the resultant undesired consequence of his act was foreseeable at the time the act was committed
Studying That Suits You
Use AI to generate personalized quizzes and flashcards to suit your learning preferences.
Description
Learn about how the nature and character of legal proceedings determine whether an act is considered a crime. Explore the relationship between criminal acts, criminal proceedings, and potential punishment through court trials.
