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Course Info

About this Course

The main objective of Criminal Law is to forbid and prevent conduct that unjustifiably and inexcusably inflicts or threatens substantial harm to individual or public interest. With such aim in mind the first part of the course is to introduce the students to the basic nature of crime, its place in society and the sentencing aims. The external elements of an offence (known as the actus reus and mens rea) are also examined in greater detail. Offences of strict liability, vicarious and corporate liabilities are also included. Various defences such as insanity, drunkenness, mistake, duress etc. are discussed extensively. Inchoate offences such as abetment, conspiracy and attempt, and participation of offences are also considered though in lesser detail. This course promotes the development of critical thinking and scientific skills, values, ethics and professionalism in the area of Criminal Law.

Course Syllabus

Nature of criminal law
-Definition.
-Classification of crimes.
-Comparison with other branches of law.
-Crime and morality.
-Punishment.

Constituent elements of crime
-Actus reus.
-Causation in crime.
-Mens rea.
-Intention.
-Recklessness.
-Mens rea in statutory offences/strict liability.
-Mens rea in the Penal Code.

Liabilities in crime
-Vicarious lliability in crime.
-Strict liability.
-Corporate liability.

General exceptions to criminal liability (Sections 76 - 106)
-Mistake
-Infancy
-Unsoundness of mind
-Drunkenness.
-Consent.
-Duress
-Necessity
-Right of private defence of body
-Right of private defence of property

Inchoate Offences
-Attempt
-Abetment

Frequently Asked Questions

Q1 : What is crime?
A1 : An act or omission that is prohibited by the law (eg by Act of Parliament) and usually prescribed the punishment.

Q2 : How does punishment prevent crime?
A2 : There are 2 ways whereby the society is being protected through punishment: 1. Special, specific or individual deterrence involves the imposition of punishment that will be sufficient to deter the individual from behaving in a criminal way in the future. The offender is deterred from committing further crime as a result of his unpleasant experience. 2. General deterrence is based on the idea that the imposition of punishment on one person will operate to send a message to others that they should not act in the same way.