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Questions and Answers
What is the consequence of failing to assist a public servant when legally bound to do so under Section 187?
What is the consequence of failing to assist a public servant when legally bound to do so under Section 187?
- It is not considered an offence.
- It may result in civil liability only.
- It is a mere ethical violation.
- It is an offence punishable under the Penal Code. (correct)
Under what circumstances can omissions be considered a criminal offence according to the Penal Code?
Under what circumstances can omissions be considered a criminal offence according to the Penal Code?
- Only when they are expressly defined as offences.
- When they lead to civil action only.
- When they have been expressly prohibited by law. (correct)
- When there is a legal duty to act. (correct)
In the case of Lee Sai Yan v PP, what led to the charge against the accused?
In the case of Lee Sai Yan v PP, what led to the charge against the accused?
- The accused facilitated a dangerous situation.
- The accused did nothing to prevent a safety incident. (correct)
- The accused omitted to report a crime.
- The accused failed to assist a public servant.
What did the defendant in D Souza v Pashupati Nath Sarkar fail to do?
What did the defendant in D Souza v Pashupati Nath Sarkar fail to do?
Which of the following statements is true about the nature of omissions that are prohibited by law?
Which of the following statements is true about the nature of omissions that are prohibited by law?
What is the first step in establishing causation regarding D's conduct and V's death?
What is the first step in establishing causation regarding D's conduct and V's death?
What must be proven for factual causation to be established?
What must be proven for factual causation to be established?
What must exist for a failure to act to furnish grounds for civil action?
What must exist for a failure to act to furnish grounds for civil action?
What was the primary legal issue in D Souza v Pashupati Nath Sarkar?
What was the primary legal issue in D Souza v Pashupati Nath Sarkar?
The but-for test determines what aspect of causation?
The but-for test determines what aspect of causation?
In the second step of causation evaluation, what is primarily assessed?
In the second step of causation evaluation, what is primarily assessed?
Which best describes the legal responsibility related to omissions in the context of a dangerous situation?
Which best describes the legal responsibility related to omissions in the context of a dangerous situation?
What does the substantial cause test evaluate in relation to D's conduct?
What does the substantial cause test evaluate in relation to D's conduct?
Under what circumstance can D's omission be considered to have a causal effect?
Under what circumstance can D's omission be considered to have a causal effect?
How does the explanation in S.299 of the Penal Code affect causation consideration?
How does the explanation in S.299 of the Penal Code affect causation consideration?
What was the main legal issue in the R v Smith case?
What was the main legal issue in the R v Smith case?
What does 'criminal rashness' imply regarding a person's actions?
What does 'criminal rashness' imply regarding a person's actions?
Under Section 304(A), what is defined as causing death?
Under Section 304(A), what is defined as causing death?
What constitutes 'wrongful gain' as per Section 23?
What constitutes 'wrongful gain' as per Section 23?
In the context of causation, what is the primary purpose of establishing it?
In the context of causation, what is the primary purpose of establishing it?
Which of the following accurately reflects ‘dishonest misappropriation of property’ as per Section 403?
Which of the following accurately reflects ‘dishonest misappropriation of property’ as per Section 403?
What does it mean for causation to be 'independent of mens rea'?
What does it mean for causation to be 'independent of mens rea'?
Which of the following best describes a 'fraudulent' act according to Section 25?
Which of the following best describes a 'fraudulent' act according to Section 25?
What does 'wrongful loss' imply as defined in the context provided?
What does 'wrongful loss' imply as defined in the context provided?
What principle dictates that a defendant must take the victim as they find them, including any pre-existing conditions?
What principle dictates that a defendant must take the victim as they find them, including any pre-existing conditions?
Which test did the court apply to determine D's contribution to V's death?
Which test did the court apply to determine D's contribution to V's death?
In cases involving an intervention by a third party, what factor is important in determining liability?
In cases involving an intervention by a third party, what factor is important in determining liability?
What happens when a defendant’s actions are a substantial factor in bringing about a victim's death, despite possible intervening factors?
What happens when a defendant’s actions are a substantial factor in bringing about a victim's death, despite possible intervening factors?
Which case involved a defendant being convicted despite third-party intervention that led to a child's death?
Which case involved a defendant being convicted despite third-party intervention that led to a child's death?
How does the eggshell skull principle affect the assessment of foreseeability in a case?
How does the eggshell skull principle affect the assessment of foreseeability in a case?
What does a court consider when determining if the third party's conduct was a non-responsible actor?
What does a court consider when determining if the third party's conduct was a non-responsible actor?
What aspect of V's condition is relevant to the determination of D's liability?
What aspect of V's condition is relevant to the determination of D's liability?
What does the definition of sabotage include according to Section 130A?
What does the definition of sabotage include according to Section 130A?
What is the punishment for harbouring a member of an organized criminal group according to Section 130X?
What is the punishment for harbouring a member of an organized criminal group according to Section 130X?
How does absolute liability differ from strict liability as defined in the content?
How does absolute liability differ from strict liability as defined in the content?
What does the presumption of mens rea provide the accused in a legal context?
What does the presumption of mens rea provide the accused in a legal context?
Which case exemplifies the concept of strict liability as mentioned in the content?
Which case exemplifies the concept of strict liability as mentioned in the content?
What is the key requirement for mens rea stated in the content?
What is the key requirement for mens rea stated in the content?
What concept is implied when there is a statutory provision indicating no defense for a particular offense?
What concept is implied when there is a statutory provision indicating no defense for a particular offense?
What must the prosecution prove in a strict liability case according to the content?
What must the prosecution prove in a strict liability case according to the content?
What was the primary reason for the appellant's conviction under section 6(2) of the Immigration Ordinance?
What was the primary reason for the appellant's conviction under section 6(2) of the Immigration Ordinance?
What presumption regarding mens rea was upheld in the case discussed?
What presumption regarding mens rea was upheld in the case discussed?
In the case of PP v Koo Cheh Yew, what was the basis for quashing the convictions of the accused?
In the case of PP v Koo Cheh Yew, what was the basis for quashing the convictions of the accused?
What was the outcome of the appellant's appeal to the High Court?
What was the outcome of the appellant's appeal to the High Court?
According to the presented arguments, who bears the onus of proof regarding mens rea in the conviction under the Ordinance?
According to the presented arguments, who bears the onus of proof regarding mens rea in the conviction under the Ordinance?
What key aspect did Chang Min Tat FJ focus on regarding mens rea?
What key aspect did Chang Min Tat FJ focus on regarding mens rea?
What was the significant effect of the lack of evidence regarding the appellant's awareness of the prohibition order?
What was the significant effect of the lack of evidence regarding the appellant's awareness of the prohibition order?
In the debate on mens rea, which perspective did H.S. Ong J. support?
In the debate on mens rea, which perspective did H.S. Ong J. support?
Flashcards
Criminal Rashness
Criminal Rashness
Hazarding a dangerous or wanton act knowing it's risky and may cause harm, without intent to harm.
Section 304(A)
Section 304(A)
Causing death by a rash act less severe than culpable homicide.
Wrongful Gain
Wrongful Gain
Unlawful acquisition of property not legally owned.
Wrongful Loss
Wrongful Loss
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Section 403
Section 403
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Fraudulently (Section 25)
Fraudulently (Section 25)
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Causation (in Criminal Law)
Causation (in Criminal Law)
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Two-Step Causation Inquiry
Two-Step Causation Inquiry
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Illegal omission
Illegal omission
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Section 187 (Omission to assist)
Section 187 (Omission to assist)
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Prohibited by law (omission)
Prohibited by law (omission)
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Civil action (omission)
Civil action (omission)
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Duty to act (dangerous situations)
Duty to act (dangerous situations)
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Legal obligation (omission)
Legal obligation (omission)
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Section 304A of the Indian Penal Code
Section 304A of the Indian Penal Code
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Merchant Shipping Act
Merchant Shipping Act
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Factual Causation
Factual Causation
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But-For Test
But-For Test
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Legal Causation
Legal Causation
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Substantial Cause Test
Substantial Cause Test
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R v Smith case
R v Smith case
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Pre-Existing Illness
Pre-Existing Illness
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Omission & Factual Causation
Omission & Factual Causation
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Combined Causes
Combined Causes
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Eggshell Skull Principle
Eggshell Skull Principle
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Foreseeability Test
Foreseeability Test
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Breaking the Causal Chain
Breaking the Causal Chain
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Intervention of a Third Party
Intervention of a Third Party
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Non-Responsible Actor
Non-Responsible Actor
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Imputed to
Imputed to
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Wanting of Discretion
Wanting of Discretion
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Sabotage (Section 130A)
Sabotage (Section 130A)
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Harboring a Criminal (Section 130X)
Harboring a Criminal (Section 130X)
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Rape (Section 375)
Rape (Section 375)
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Absolute Liability
Absolute Liability
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Strict Liability
Strict Liability
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Presumption of Mens Rea
Presumption of Mens Rea
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Actus Reus
Actus Reus
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Mens Rea
Mens Rea
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Strict Liability Offences
Strict Liability Offences
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Ousting Mens Rea
Ousting Mens Rea
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Proof of Mens Rea
Proof of Mens Rea
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Applying Mens Rea to a Statute
Applying Mens Rea to a Statute
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Conviction Based on Mens Rea
Conviction Based on Mens Rea
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Public Interest Questions of Law
Public Interest Questions of Law
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Study Notes
Theories of Punishment
- Retribution: Punishment is justified due to wrongdoing; only guilty people should be punished. Punishment marks society's disapproval of the offender. Examples include death penalty for murder and fines.
- Deterrence: The goal is reducing crime. Special deterrence aims to prevent the individual from committing future crimes. General deterrence aims to discourage others from similar actions due to the punishment of one. Less effective in crimes of passion; examples include death penalty and whipping for drug offenses and armed robbery.
- Incapacitation: Focused on preventing future crime by removing individuals posing a serious risk of reoffending. Assessments are either actuarial (statistical models of past behavior) or clinical (professional assessments by psychiatrists/psychologists). Criticisms include the difficulty of accurately predicting future criminal behavior. Examples include preventive detention.
- Rehabilitation: Purpose is to identify causes of criminal behavior for optimal treatment.
- Reparation and compensation: Criminal law may aim to compensate victims. Reparation demands the offender to repay the harmed community.
Definition of Crime
- Crime involves actus reus (criminal act), mens rea (criminal intent/knowledge), and the absence of valid defense. Punishment is a necessary component.
Elements of a Crime
- Actus Reus: A criminal act or omission. The act must be voluntary and not influenced by external causes. Defined as acts performed and illegal omissions by legal statute.
- Mens Rea (Fault): The mental state of the offender—i.e., the intent to commit a crime (or knowledge of potential harm)—is important to establishing guilt. Intention includes direct intent, knowledge, or reason to believe an act could cause a certain result.
- Voluntariness: A person is considered responsible for their actions only if they are voluntary.
Involuntary Acts
- External causes, like physical compulsion or reflex actions, make an act involuntary and remove culpability.
- An individual's own fault, such as induced incapacity (like through drugs) will not be considered as a defense against criminal responsibility.
- Illness or conditions of mind (e.g. Mental instability) can also affect voluntariness.
Causation
- Causation establishes the link between the prohibited act (or omission) and the harm that resulted. There's a two-part analysis: factual causation (was the defendant's conduct necessary for the harm?) and legal causation (was the connection between the conduct and the result substantial enough to justify criminal responsibility?). Events triggered by the victim or outside circumstances (e.g. medical intervention or natural forces) are considered intervening causes, that may break the chain of causation and potentially negate criminal liability for the accused.
Note: Additional nuanced criminal law concepts like negligence (failure to act or act with reasonable care) and recklessness (acting despite the high risk of harm) may also play a role, depending on the specific law.
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