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An evaluation of "possession" in the construction of criminal liability

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dc.contributor.author Coffey, Gerard
dc.date.accessioned 2016-11-03T11:39:07Z
dc.date.issued 2016
dc.identifier.uri http://hdl.handle.net/10344/5318
dc.description peer-reviewed en_US
dc.description.abstract The common law did not consider possession a constituent element of the actus reus based on the idea that possession was not equated with the external manifestation of mens rea. However, with the development of the criminal law, with an ever-increasing volume of criminal offences on the statute books, the concept of possession as an element of the actus reus became intrinsically important in the construction of criminal liability. Although it is passive rather than active possession is an element of certain offences that prohibit the mere possession of objects or substances considered harmful to the public such as illegal drugs, child pornography, offensive weapons, unlicensed firearms, and theft offences. This article evaluates the intricacies of possession in the light of its various forms as an exception to the act requirement in the construction of criminal liability. en_US
dc.language.iso eng en_US
dc.publisher Thomson Reuters (Professional) Ireland Ltd. en_US
dc.relation.ispartofseries Irish Criminal Law Journal;26 (4), pp. 108-117
dc.relation.uri http://www.westlaw.ie/
dc.rights This is the author's original manuscript and has not been edited. The definitive, published, version of record is available here:http://www.westlaw.ie/ en_US
dc.subject possession en_US
dc.subject voluntary act en_US
dc.subject knowledge and control over the prohibied item or substance en_US
dc.title An evaluation of "possession" in the construction of criminal liability en_US
dc.type info:eu-repo/semantics/article en_US
dc.type.supercollection all_ul_research en_US
dc.type.supercollection ul_published_reviewed en_US
dc.date.updated 2016-11-01T13:04:49Z
dc.description.version ACCEPTED
dc.date.embargoEndDate 2017-11-03
dc.embargo.terms 2017-11-03 en_US
dc.rights.accessrights info:eu-repo/semantics/openAccess en_US
dc.internal.rssid 2643376
dc.internal.copyrightchecked No
dc.identifier.journaltitle Irish Criminal Law Journal
dc.description.status peer-reviewed


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