Going to Prison?

Format: Paperback

Language: English

Format: PDF / Kindle / ePub

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So fundamental is this requirement that if it is absent the enquiry into liability ends – the accused cannot be liable. [6] ‘In the context of a person who acts involuntarily there is no need to proceed any further in determining liability because such person will inevitably also lack capacity and, incidentally, mens rea (culpable mental state) as well. ‘No-one doubts the all-embracing nature of the defence of automatism that swallows up all other defences.’ [7] Unlawfulness is the requirement which is excluded when what one does is justified.

Format: Paperback

Language: English

Format: PDF / Kindle / ePub

Size: 5.35 MB

Downloadable formats: PDF

So fundamental is this requirement that if it is absent the enquiry into liability ends – the accused cannot be liable. [6] ‘In the context of a person who acts involuntarily there is no need to proceed any further in determining liability because such person will inevitably also lack capacity and, incidentally, mens rea (culpable mental state) as well. ‘No-one doubts the all-embracing nature of the defence of automatism that swallows up all other defences.’ [7] Unlawfulness is the requirement which is excluded when what one does is justified.

Pages: 80

Publisher: Biddle Publishing Company; 5th edition (January 2002)

ISBN: 1879418339

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