Law 3101A/B Study Guide - Quiz Guide: Consequentialism
16 Oct 2018
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Exceptional circumstances of an act, which is permitted to be lawful, not crime self-defence + defence of others: -there must be a threat. Defendant must choose lesser evil for act legal excuses consent: - (cid:498)volenti non fit injuria(cid:499) - victim gives consent to act + accepts the risk. Defendant"s(cid:523)wrong(cid:524)behaviour cant be blamed because of special circumstances. M" naghten case: - important rules in common law. 1. no realization of act because of the mental illness mental illness (insanity): - mental illness or defect must affect mental process of actor. 2. if he realizes, he still cant justify if his act was wrong diminished responsibility: - common law - sane automatism = mentally ill person realizes the wrongfulness of his act. Civil law not complete defence duress: - defendant is threatened to commit an unlawful act (claim - no avoidance) Offender who has committed a crime has created a debt to the society which has to be repaired by punishment.
