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4 - Results

Jeremy Gans
Affiliation:
University of Melbourne
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Summary

Introduction

Some criminal law theorists argue that all restrictions on personal liberty should comply with Mill’s ‘harm principle’:

The principle is, that the sole end for which mankind are warranted, individually or collectively, in interfering with the liberty of action of any of their number is self-protection. That the only purpose for which power can rightfully be exercised over any member of a civilised community against his will is to prevent harm to others.

Although legislatures arguably honour this principle more in the breach than in the observance, it is partially implemented in offence provisions that incorporate one or more harmful (or potentially harmful) results as a physical element. This chapter examines the challenges posed by result elements and the general criminal law’s response to them.

Section 4.2 outlines why results pose difficulties in terms of both interpreting offences and attributing responsibility. The remainder of the chapter outlines the general criminal law’s requirements for results and the significant scenarios where a person will be considered to be not criminally responsible for them.

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Publisher: Cambridge University Press
Print publication year: 2011

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References

Mill, J On Liberty London Parker and Son 1869 22
Western Australia 1986
1991
1991
1993 439
1994
Hall, Neligent Behaviour Should Be Excluded from Penal Liability 1963 63 Columbia Law Review 632 Google Scholar
1991
1992

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  • Results
  • Jeremy Gans, University of Melbourne
  • Book: Modern Criminal Law of Australia
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9781139194310.005
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  • Results
  • Jeremy Gans, University of Melbourne
  • Book: Modern Criminal Law of Australia
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9781139194310.005
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.

  • Results
  • Jeremy Gans, University of Melbourne
  • Book: Modern Criminal Law of Australia
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9781139194310.005
Available formats
×