Practice question · Multiple choice
Why does the theory of the offence insist on asking its questions in a fixed order rather than assessing everything at once?
Hints
- Ask what "justified" could mean about conduct that has not yet been shown to match any offence.
- The order is logical, not procedural.
Show the answer
D. Each question presupposes an affirmative answer to the previous one, so an answer given out of order rests on nothing
Why
Because each stage presupposes the one before. Asking whether conduct is justified before knowing whether it is typical is asking whether an exception applies to a rule that may not cover the case at all. The order is a logical dependency, which is why it holds regardless of the sequence in which evidence happens to be given.
Practise The Architecture of the Offence
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