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5 - Circumstances

Jeremy Gans
Affiliation:
University of Melbourne
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Summary

Introduction

We typically associate the word ‘criminal’ with things people do and cause; however, many offence provisions concern the surrounding context. Criminalisation based primarily on the circumstances that accompany otherwise mundane actions has proved to be an irresistible convenience in modern statutes. Despite (or perhaps because of) the absence of any need to prove voluntariness or causation, circumstance elements are arguably the most fraught physical element in Australian criminal law.

Like the previous chapters on conduct and results, this chapter’s analysis of circumstance elements first explains why they are problematic. It then sets out the general criminal law’s requirements for circumstances and the main scenarios where a person will not be criminally responsible for them.

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Chapter
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Publisher: Cambridge University Press
Print publication year: 2011

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References

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  • Circumstances
  • Jeremy Gans, University of Melbourne
  • Book: Modern Criminal Law of Australia
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9781139194310.006
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  • Circumstances
  • Jeremy Gans, University of Melbourne
  • Book: Modern Criminal Law of Australia
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9781139194310.006
Available formats
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Send book to Google Drive

To send content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Google Drive.

  • Circumstances
  • Jeremy Gans, University of Melbourne
  • Book: Modern Criminal Law of Australia
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9781139194310.006
Available formats
×