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9 - Failures

Jeremy Gans
Affiliation:
University of Melbourne
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Summary

Introduction

This is the second chapter on sets of exceptions to the determinative role of physical and fault elements in Australian criminal law. Chapter 8 (Groups) detailed how someone can be criminally responsible when an offence’s conduct element is done by someone else. This chapter examines how someone can be criminally responsible even when some or even all of the offence’s physical elements never occur.

Arguably, people who try and fail to commit a crime are just as heinous as people who actually commit a crime or assist another to do so. Reflecting this view, Australian criminal law criminalises certain ways that crimes commence. A number of specific offence provisions are defined largely in terms of an intention to achieve a particular end, whether or not the intention succeeds. As well, three general offences – attempt, incitement and conspiracy – criminalise aspects of the lead-up to every offence.

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Publisher: Cambridge University Press
Print publication year: 2011

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References

Hall, J 1960 576
1916

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  • Failures
  • Jeremy Gans, University of Melbourne
  • Book: Modern Criminal Law of Australia
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9781139194310.010
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  • Failures
  • Jeremy Gans, University of Melbourne
  • Book: Modern Criminal Law of Australia
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9781139194310.010
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.

  • Failures
  • Jeremy Gans, University of Melbourne
  • Book: Modern Criminal Law of Australia
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9781139194310.010
Available formats
×