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3 - Conduct

Jeremy Gans
Affiliation:
University of Melbourne
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Summary

Introduction

The previous chapters described Australia’s criminal law as a marriage of the words in each statutory offence and the people who make choices about enforcing each offence. This chapter introduces the third (and final) partner: each Australian jurisdiction also has a ‘general criminal law’, which strongly influences (and often determines) many questions about whether or not someone is a criminal.

This chapter outlines both the notion of a general criminal law and one of the general law’s foundational concepts: criminal conduct. Section 3.2 sets out the central but difficult role played by conduct in Australian criminal justice and the way that the general criminal law may solve some of those difficulties. The remaining sections respectively set out the general criminal law’s conditions for making people criminally responsible for their conduct and noteworthy scenarios when those conditions may not be satisfied.

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Publisher: Cambridge University Press
Print publication year: 2011

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References

1985 Brennan, J
Robinson v California 1962 667
Lanham, D Revisited 1976 Criminal Law Review 276 Google Scholar
Doegar, R Strict Liability in Criminal Law and Reassessed 1998 Criminal Law Review 791 Google Scholar
Odgers, S 2010

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  • Conduct
  • Jeremy Gans, University of Melbourne
  • Book: Modern Criminal Law of Australia
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9781139194310.004
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  • Conduct
  • Jeremy Gans, University of Melbourne
  • Book: Modern Criminal Law of Australia
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9781139194310.004
Available formats
×

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.

  • Conduct
  • Jeremy Gans, University of Melbourne
  • Book: Modern Criminal Law of Australia
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9781139194310.004
Available formats
×