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Crim notes for whole year[1] Starosta

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Conduct Thoughts are not punishable, they have to be manifested by an overt act Reasons: 1. Difficult of trying a mental state 2. Impossibility of punishing every person with an evil thought 3. Reluctance to punish people's thoughts - when they don't bring about any harm 4. Difficulty of distinguishing between a thought and an intention in absence of supporting behaviour The slightest overt manifestation is sufficient. Conduct has to be a human act ( exceptions company as juristic person and agency of animals) Conduct has 3 forms 1. State of affairs 2. Omissions 3. Commission State of affairs R v achterdam Accused was sleeping in a constables garden when the police officer 1911 found him. He chased him out onto the street and arrested him for being drunk in a public place. This is a state of affairs. Ad held- that it was not an act by the accused that caused the state of affairs, the conduct was of the police officer and not his own. Not convicted Sv Brick1973 Accused was charged with possession of obscene materials, in contravention of a statute at the time. He had just returned from a business trip. He said that the materials were mailed to him anonymously from overseas - and he argued that he had intended to hand over the material to the police but because he was exhausted from the trip he hadn't done it yet. 2 judgements convicted him but for different reasons: J1 - interpreted statute very strictly and held that in possession means you are guilty and prosecuted. The pro ...
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