1.2 Conduct

Question 1

Criminal conduct usually requires what?

Answer 1

D to commit a prohibited act - positive acts on the part of D

Question 2

Majority of offences require:

1. Proof of behaving in prohibited way;

and?

Answer 2

2. That his conduct was VOLUNTARY

He had conscious control and chose to act in such a way to commit a crime.

Question 3

Reasons why law does not criminalise failure to act:

Answer 3

1. D is less blameworthy
2. Imposing general duty to act is heavy burden
3. Risk of making things worse
4. Difficult to prove causal link between failure to act and the result
5. May lead to undeserved prosecutions

Question 4

Liability for omissions may be justified

Answer 4

1. D only liable for failure if under a legal duty to act. This requires some sort of relationship
2. Omission can be as blameworthy as a positive act