THE ABANDONMENT DEFENCE TO CRIMINAL ATTEMPTS IN MALAYSIAN CRIMINAL LAW

Abstract

This article addresses the issue of the accused's abandonment of an attempt as an act of voluntary relinquishment with the intention of never again resuming the crime. The study is a purely conceptual one that prolongs the discussion within the ambit of moral and legal philosophy to address the rationality of abandonment as effective mitigation considering the accused's moral intuition, prospective reasons, and motive. It endeavours to expand views on motive based on the "Renunciation of Criminal Purpose" principle outlined by the "Model Penal Code". The article is intended to offer new perspectives on both decision and sanction by exploring the question of moral and legal philosophical discretion concerning the abandonment of criminal attempts. It concludes that the essence of abandonment is a legal, philosophical problem that objective parameters cannot simplify.