CJS 101 Lecture Notes - Lecture 31: Sleepwalking, Absolute Liability, Manslaughter
9 Dec 2020
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Constituted with forbidden act (or series of acts) Forbidden circumstances eg. sexual assault of not consenting. Without the consequence the act is not committed. Ar of omissions- failing to follow duty to act. Maintain equipment and notify authorities of pollution (protection of the. Health and safety duty" (work health and safety act 2011) Assault could not have been committed by omission. Iannelli (2003) nswcca: failure to pay tax itself is not an offence but must show evidences of concealing it. Increased use of non-compliance offences look at particular offence definitions. S 18 crimes act: murder: omitted with reckless indifference to human life. Prosecution does not have to prove any action done by the accused. Indictable offence offender to be found in or near public place with intent to commit offence (crimes act s546b(1)) Sex-offender to be in or near public place regularly frequented by children without reasonable excuse (summary offences act 1988 s11g(1))
