The Unfairness of Risk-Based Possession Offences

Criminal Law and Philosophy 5 (3):237-257 (2011)
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Abstract

This is a study of possession offences, with the focus on those intended to penalise the risk of a serious harm. Offences of this kind are examined in the light of basic doctrines of the criminal law, and in the light of the proper limits of endangerment offences. They are found wanting in both respects, and are also found to pose particular sentencing problems. The conclusion is that many risk-based possession offences are unfair, save those that require proof of a further intent or those aimed at a failure properly to safeguard a dangerous object

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References found in this work

Placing blame: a theory of the criminal law.Michael S. Moore - 1997 - New York: Oxford University Press.
Crime and Culpability: A Theory of Criminal Law.Larry Alexander, Kimberly Kessler Ferzan & Stephen J. Morse - 2009 - New York: Cambridge University Press. Edited by Kimberly Kessler Ferzan & Stephen J. Morse.
Crimes, harms, and wrongs: on the principles of criminalisation.A. P. Simester - 2011 - Portland, Or.: Hart. Edited by Andrew Von Hirsch.
Iv-answering for crime.R. A. Duff - 2006 - Proceedings of the Aristotelian Society 106 (1):87-113.

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