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7 - Standards

Jeremy Gans
Affiliation:
University of Melbourne
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Summary

Introduction

The first six chapters of this book set out how questions of criminal responsibility and punishment are usually resolved under Australian law. The scope of each offence is a product of:

  • the offence provision itself (Chapter 1), which sets out the crime’s physical elements and may also set out further requirements

  • pre-trial choices (Chapter 2) about whether and how to determine whether a particular person has committed a particular crime

  • the general criminal law, which posits requirements beyond the offence provision, including fault elements corresponding to each conduct (Chapter 3), result (Chapter 4) and circumstance (Chapter 5) element

  • the court’s assessment of the seriousness of the actual offending (Chapter 6), which determines the outer boundary of what can happen to someone who admits or is found to have breached an offence provision.

This chapter explores crimes where the above system is too simplistic and alternative standards for assessing criminality apply.

The general criminal law’s core approach of defining crimes in terms of the occurrence of particular facts and defining criminals in terms of what they knew or ought to have known about those facts can be under-inclusive, over-inclusive or simply inapt. Rather, some offending can only be identified through assessing what the offender did according to a non-factual standard.

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Publisher: Cambridge University Press
Print publication year: 2011

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References

1974 O’Donnell, M
Lanham, D 1999

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  • Standards
  • Jeremy Gans, University of Melbourne
  • Book: Modern Criminal Law of Australia
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9781139194310.008
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  • Standards
  • Jeremy Gans, University of Melbourne
  • Book: Modern Criminal Law of Australia
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9781139194310.008
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.

  • Standards
  • Jeremy Gans, University of Melbourne
  • Book: Modern Criminal Law of Australia
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9781139194310.008
Available formats
×