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Legal Interpretation


How To Understand the Criminal Law: Consent and Liability
[Legislation: Criminal Law Consolidation Act 1935 (South Australia)] INTRODUCTION A criminal offence typically consists of two components: physical elements and fault elements. However, s 20A of the Criminal Law Consolidation Act 1935 (SA) (‘CLCA’) regarding ‘’choking, suffocation or strangulation” (‘’CSS’’), particularly par. (1) of s 20A, appears to be completely silent on the fault elements, such as intention, recklessness, knowledge, or negligence. This omission might
DuDu Sunny
Feb 69 min read


Empowering Analysis of Unconscionable Conduct in the ASIC Act 2001
Executive Summary Unconscionable conduct is the focused point of ss 12CA and 12CB of the Australian Securities and Investment Commission Act 2001 (Cth). Australian Law Reform Commission (ALRC) Background Paper FSL9 ( link ) argues that the proliferation and overlapping of existing legislations, specifically ss 12CA and 12CunB of this Act, create ‘’unnecessary complexity in the law’’. [1] Therefore, repealing s 12 CA of the ASIC Act and s 991A of the Corporations Act 2
DuDu Sunny
Feb 67 min read
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