18-Rules of criminal law Flashcards
What is the general definition of a crime?
Any conduct that is:
1) forbidden by the state
2) for which there is a punishment
Who supports the general definition of a crime as any conduct that is forbidden by the state for which there is a punishment?
What case?
Lord Atkin
PATA v AG for Canada (1931)
In the obiter dictum what did Lord Atkin support in the case of PATA v AG for Canada (1931)?
The general definition that a crime is:
Any conduct, forbidden by the state, for which there is a punishment.
What case demonstrates that judges can criminalise conduct, not just Statutes?
Shaw v DPP (1962)
Facts: D published a ‘ladies directory’ for prostitutes which was considered ‘conspiracy to corrupt public morals’-at the time no statute stated this as an offence.
Shaw v DPP (1962)
What does this case demonstrate regarding judges and criminal conduct?
Demonstrates: that judges can criminalise conduct, not just Statutes.
Facts: D published a ‘ladies directory’ for prostitutes which was considered ‘conspiracy to corrupt public morals’-at the time no statute stated this as an offence.
What case demonstrates that judges can criminalise conduct that used to be considered non-criminal due to a change in society’s views?
R v R (1991)
Facts: D forced wife to have sex which was allowed but the judges accepted times had changed-marital rape is still rape.
R v R (1991)
What does this case demonstrate regarding judges and criminalising conduct?
Demonstrates: that judges can criminalise conduct previously deemed to be acceptable.
Facts: D forced wife to have sex which was allowed but the judges accepted times had changed-marital rape is still rape.
2 elements to each crime?
1) actus reus
2) mens rea
What types of crimes do not have to have both actus reus and mens rea to be considered criminal conduct?
Strict liability offences
An example of a strict liability offence?
Harrow LBC v Shah and Shah (1999)
Facts: D’s owned shop where lottery tickets were sold by members of staff to under aged people-considered strict liability offence no need for intent the crime occurred.
What case shows that burden of proof in criminal cases is on the prosecution?
Woolmington v DPP (1935)
Facts: D shot wife by accident and judge directed he had to prove it was an accident-this was held to be incorrect.
Woolmington v DPP (1935)
What does this case demonstrate regarding criminal cases?
That the burden of proof in criminal cases is on the prosecution.
Facts: D shot wife by accident and judge directed he had to prove it was an accident-this was held to be incorrect.
