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Title: Criminal responsibility under the Malaysian penal code
Author: Harun, Mohd Baharudin
Awarding Body: University of Edinburgh
Current Institution: University of Edinburgh
Date of Award: 1998
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This study examines the criminal responsibility under the Malaysian Penal Code. The first chapter traces the historical background of Malaysia and of the Code. The legal treatment of the issue of criminal responsibility begins in Chapter Two with the discussion of actus reus and mens rea which are the two basic components of criminal liability. A comparative approach has been adopted in the treatment of the subject. Thus, comparison of the position under the Common law and under the Penal Code as regards criminal responsibility continues to be the theme throughout this study. Chapter Three examines a particular kind of liability i.e. strict liability. The meaning, historical background, rationale and development of strict liability offences are dealt with here. In Chapter Four, this study turns to consider the defences to strict liability offences namely act related defences, defences based on lack of negligence and fault and defences provided by the statutes. The study concludes in Chapter Five by considering the issue of mistake and ignorance of law. The newly emerging defence of officially induced error is also examined here.
Supervisor: Not available Sponsor: Not available
Qualification Name: Thesis (Ph.D.) Qualification Level: Doctoral
EThOS ID:  DOI: Not available