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10 - Exceptions

Jeremy Gans
Affiliation:
University of Melbourne
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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.

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Publisher: Cambridge University Press
Print publication year: 2011

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  • 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
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  • 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
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Save book to Google Drive

To save 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 saving 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
×