Doctrine of consent in criminal law / Huzida Hussein

One of the primary aims of Criminal Law is the protection of life and the integrity of the body. In other words, man's life is not being taken away as any way by anybody who wishes to do so. Like a proverb of an Englishman; God gives us life and He's the only one who has the right to take...

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Main Author: Hussein, Huzida
Format: Student Project
Language:English
Published: Faculty of Law 1986
Subjects:
Online Access:https://ir.uitm.edu.my/id/eprint/27980/
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author Hussein, Huzida
author_facet Hussein, Huzida
author_sort Hussein, Huzida
building UiTM Institutional Repository
collection Online Access
description One of the primary aims of Criminal Law is the protection of life and the integrity of the body. In other words, man's life is not being taken away as any way by anybody who wishes to do so. Like a proverb of an Englishman; God gives us life and He's the only one who has the right to take it back. General speaking, a person who kills or injures another is punished and this may extend even to an act which has been consented to. Consent is not a defence to killing, mayhem or abortion. The law however, does not pursue this aim without due consideration being given to individual liberty. Consent may exculpate a person from criminality; if not a doctor can be charged for assault eventhough the patient had consented to the operation. There are certain acts which are lawful despite the need of consent. The right of reasonable chastisement is given to the parents, guardians, masters and school teachers.4 While the scope of the operation of consent is clearly defined in certain areas. But the extent to which it puts an end to the act of criminal is not always clear. Therefore, it is proposed in this paper to consider the rationale of the doctrine of consent and some of the more controversial areas of uncertainty
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spelling uitm-279802022-12-22T07:06:44Z https://ir.uitm.edu.my/id/eprint/27980/ Doctrine of consent in criminal law / Huzida Hussein Hussein, Huzida K Law in general. Comparative and uniform law. Jurisprudence Criminal law and procedure KP Asia and Eurasia, Africa, Pacific Area, and Antarctica. Asia. (South Asia. Southeast Asia. East Asia) One of the primary aims of Criminal Law is the protection of life and the integrity of the body. In other words, man's life is not being taken away as any way by anybody who wishes to do so. Like a proverb of an Englishman; God gives us life and He's the only one who has the right to take it back. General speaking, a person who kills or injures another is punished and this may extend even to an act which has been consented to. Consent is not a defence to killing, mayhem or abortion. The law however, does not pursue this aim without due consideration being given to individual liberty. Consent may exculpate a person from criminality; if not a doctor can be charged for assault eventhough the patient had consented to the operation. There are certain acts which are lawful despite the need of consent. The right of reasonable chastisement is given to the parents, guardians, masters and school teachers.4 While the scope of the operation of consent is clearly defined in certain areas. But the extent to which it puts an end to the act of criminal is not always clear. Therefore, it is proposed in this paper to consider the rationale of the doctrine of consent and some of the more controversial areas of uncertainty Faculty of Law 1986 Student Project NonPeerReviewed text en https://ir.uitm.edu.my/id/eprint/27980/2/27980.pdf Hussein, Huzida (1986) Doctrine of consent in criminal law / Huzida Hussein. (1986) [Student Project] <http://terminalib.uitm.edu.my/27980.pdf> (Unpublished)
spellingShingle K Law in general. Comparative and uniform law. Jurisprudence
Criminal law and procedure
KP Asia and Eurasia, Africa, Pacific Area, and Antarctica. Asia. (South Asia. Southeast Asia. East Asia)
Hussein, Huzida
Doctrine of consent in criminal law / Huzida Hussein
title Doctrine of consent in criminal law / Huzida Hussein
title_full Doctrine of consent in criminal law / Huzida Hussein
title_fullStr Doctrine of consent in criminal law / Huzida Hussein
title_full_unstemmed Doctrine of consent in criminal law / Huzida Hussein
title_short Doctrine of consent in criminal law / Huzida Hussein
title_sort doctrine of consent in criminal law / huzida hussein
topic K Law in general. Comparative and uniform law. Jurisprudence
Criminal law and procedure
KP Asia and Eurasia, Africa, Pacific Area, and Antarctica. Asia. (South Asia. Southeast Asia. East Asia)
url https://ir.uitm.edu.my/id/eprint/27980/