The real question is instead what’s the prohibited conduct for which an individual is called to answer under this criminal activity?
We could just just just take, for example, CampbellвЂ™s very own exemplory instance of the criminal activity of вЂoperating a radio receiver with no licenceвЂ™, by which he exposits the offence-defence difference. Footnote 57 How do we see whether the lack of a licence should always be the main crime’s offense, or perhaps the offense should rather be compared to running a radio receiver, susceptible to the defence of having a licence? Once we understand, CampbellвЂ™s solution would be to search for the pro tanto ( in the parlance, вЂprima facieвЂ™) wrongful conduct. This included the possible lack of a licence, because there is absolutely absolutely absolutely nothing incorrect with running a radio receiver as a result. But why don’t we imagine just what the thinking we encountered above could do using this instance. Perhaps running a radio receiver is certainly not an excellent or activity that is valuable all contexts. Possibly there are also basic reasons why you should avoid running a radio.
good you could be that there’s only ever unedifying trash being broadcast.
As we understand that much, the argument might get, we’ve founded that the offense ought only to be вЂoperating a radio receiverвЂ™, regardless of a licence. Read More