Skip to main content Accessibility help
×
Home
Hostname: page-component-6c8bd87754-5d2lc Total loading time: 0.28 Render date: 2022-01-19T16:57:29.111Z Has data issue: true Feature Flags: { "shouldUseShareProductTool": true, "shouldUseHypothesis": true, "isUnsiloEnabled": true, "metricsAbstractViews": false, "figures": true, "newCiteModal": false, "newCitedByModal": true, "newEcommerce": true, "newUsageEvents": true }
This chapter is part of a book that is no longer available to purchase from Cambridge Core

10 - Exceptions

Jeremy Gans
Affiliation:
University of Melbourne
Get access

Summary

Introduction

This is the last of three chapters analysing sets of exceptions to the determinative role of elements in criminal law. While Chapter 8 (Groups) and Chapter 9 (Failures) examined doctrines allowing a person to be found guilty of a crime without proof of all the elements, this chapter considers rules that permit a person to be acquitted of a crime despite proof of all the elements.

Just as there are (almost) countless criminal offences, there are also very many exceptions to criminal offences. Most treatises on criminal law deal almost exclusively with the handful of ‘general defences’ that are set out in the general criminal law: self-defence, necessity, duress, insanity. In keeping with this book’s philosophy, the focus of this chapter is instead largely on the many exceptions set out throughout the statute book, in both offence provisions and elsewhere. While the meaning of each exception is a matter of statutory interpretation, some general approaches can be identified.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2011

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

1985

Send book to Kindle

To send this book to your Kindle, first ensure no-reply@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about sending to your Kindle.

Note you can select to send to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be sent to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

  • Exceptions
  • Jeremy Gans, University of Melbourne
  • Book: Modern Criminal Law of Australia
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9781139194310.011
Available formats
×

Send book to Dropbox

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 Dropbox.

  • Exceptions
  • Jeremy Gans, University of Melbourne
  • Book: Modern Criminal Law of Australia
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9781139194310.011
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.

  • Exceptions
  • Jeremy Gans, University of Melbourne
  • Book: Modern Criminal Law of Australia
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9781139194310.011
Available formats
×