1 - Rules of criminal law Flashcards
1
Q
Lord atkins definition of a crime
A
‘an act that is prohibited with penal consoquences’
2
Q
How many an offence become a crime in law?
A
an act of parliament or common law
3
Q
Example of a common law and a law through parliament
A
murder (common law)
Fraud act 2006 (parliament)
4
Q
Lord coke’s pricniples of criminal law
A
‘act is not guilty unless the mind is guilty’
actus reus and mens rea required
5
Q
Removing liability
A
Liability may be removed if actus reus was commited without mens rea
may also be removed with a sucsessful defence
6
Q
Burden of proof
A
D is innocent until proven guilty
The burden of proof is on the prosecution to prove that the D is guilty
7
Q
Standard of proof
A
Evidence must prove that the D was guilty ‘beyond a reasonable doubt’
