Criminal Law

CRIMINAL virtue

CRIMINAL LIABILITY
1. cultivate put to workus Reus / Omission (must be lawfully bound to act)
2. Intention Mens Rea
3. Result/ Conduct must be out(p) by law
Bad intention + Act + prohibited by law = offence
The vicious system in Malaysia requires that for criminal liability to occur, the person
must have:
a) A blameworthy arouse of look; and
b) Committed an act prohibited by law

1.

The Act/ Actus Reus
There must be an act on the disjoint of the criminate. Under S33 PC, the
meaning of act includes a single act, a series of acts, and illegal omission.
The act must be conscious, a result of his will and voluntary. It is a willed,
muscular implement, in that the mind controls the movement. Where the physical
act is voluntary, for example, when a person is pushed, the conduct is not
willed and the person cannot be said to have acted.
Involuntary Act
3 classifications of Involuntary Act:
a. Causes External Reflex to impeach
A person may not be responsible for his act because of compulsion e.g.
being pushed raze a flight of stairs or because of reflex action or
sleepwalking. In these situations, the conduct is impulsive and the doer
should be exempted from criminal liability.
b.



Accuseds Own Fault
Where the involuntary conduct is because of his own fault, where for
example, the accused omits to eat after taking insulin and he knows or
ought to know that the involuntary conduct may result, then he may be
nonimmune for his act (Bailey[1973] 1 WLR 760). In Re Pappathi Ammal

ABD HAKIM ABD RAZAK
LAW LECTURER
MANAGEMENT & SCIENCE UNIVERSITY MALAYSIA (MSUM)

[1959] Cri LJ 724, the accused who had just given blood to a baby had
jumped into a well with the baby. She was rescued notwithstanding the child died. She
was charged with murder of the child and pleaded somnambulism
(sleepwalking). If this had been substantiated (if sleepwalk ing had been
proven), it would take form unsoundness of mind and allow her to escape
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