Practice question · Put in order
Arrange the questions of the theory of the offence in the order they are asked.
- Does the conduct match a statutory description?
- Was there human conduct at all?
- Is it unlawful, or does a justification cover it?
- Can it be imputed personally to this person?
- Is it punishable, or does a bar to punishment apply?
Hints
- The first question asks whether anything the law can assess happened.
- Whether the person can be blamed comes after whether the act was unlawful.
Show the answer
- Was there human conduct at all?
- Does the conduct match a statutory description?
- Is it unlawful, or does a justification cover it?
- Can it be imputed personally to this person?
- Is it punishable, or does a bar to punishment apply?
Why
Each question presupposes a yes to the one before, which is what makes the sequence more than a checklist. A justification answers question three and stops the analysis; a finding of insanity answers question four and leaves the act unlawful, which is why someone may lawfully defend themselves against it.
Practise The Architecture of the Offence
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