Chapter 1: Introduction Flashcards
What is the definition of crime
Legal wrong followed by criminal proceedings and resulting in sanction (different crimes will have different elements)
What are the 2 elements that constitute a crime
Actus Reus (Guilty Act)
accompanied by
Mens Rea (Guilty Mind)
What are the ingredients of a crime
Crime = Actus Reus (1) + Mens Rea (2) - Absence of any defence
What are the 4 categories of evidence
- Tangible evidence
- Real evidence
- Oral Evidence
- Expert Evidence
What is the process of a criminal proceeding
- Offence commited
- Brought to police station
- Interrogation
- Crown prosecution service
- Prosecutor charge defedant with an offence
- trial
What are the continuing proceedings after a trial is held
- Trial (can be straight aqquited)
- Convicted (can go straight to appeal)
- Sentencing
- Appeal (by conviction, sentence, or both)
- Acquitted
What is the burden of proof
Lies on the prosecution to prove the guilt of the prisoner beyond reasonable doubt
What must the prosecution do to prove the defendant guilty
- Actus reus & mens rea
- But to also disprove the defence beyond reasonable doubt
What is the presumption by courts when a case is being trialed
The accused/defendant is always perceived innocent until proven guilty (so never say that the defendant has to prove anything) - Woolminton v DPP
What are the 2 exceptions to the burden of proof
- Defence of insanity
- Statutory exception
What does it mean to prove someone beyond reasonable doubt
Prosecution must prove beyond a reasonable doubt that all the elements of the offence (must be 100% sure, unlike civil law)
What happens in Article 6 of the European Convention on Human Rights
All individuals have the right to a fair trial
What are the 2 types of burden
- Evidencial burden (easier)
* Defendant is to provide evidence that there is a doubt in the prosecution’s case - Legal burden (harder)
* The defendant is to satisfy the court on the balance of probalitities (51%) on the issues that are subject of the reverse burden
What is the role of the court in criminal law
- To review the choice made by Parliament as to what should be the constituent elements of the criminal offence
- The court should only differ from the legislature (statute) where the legislature has attached inssuficient importance to the right of an individual to be preseumed innocent until proven guilty
What is an arrestable and non-arrestable offence
Arrestable offence
* Where the arrest may be made without an arrest warrant (serious offences)
* Straight imprisonment
Non-arrestable offence
* Arrest can only be made with an arrest warrant (minor offences)
* Warrant goes through process of interrogation
What is an indictable offence
Serious crimes that are tried i the Crown Court, before a judge and jury
What is a summary offence
Considered minor offences tried before the magistrate in the Magistrates’ Court
What is the structure of the courts in the United Kingdom
Summary offences
* Magistrates’ court > High Court > Court of Appeal > Supreme Court
* There is no jury in Magistrates’ court (simple trial)
Indictable offences
* Crown Court > Court of Appeal > Supreme Court
What are the questions/processes that are carried out by the Magistrate (the judge) in a triable either way offence
In triable either way offence, it is mandatory for Magistrate to caution the defendant that, Roman’s I, if the defendant chooses the Magistrates’ Court
- They will lose being trialed by his peers (jury)
- Romans II, if they choose Magistrates’ court, and if the judge thinks the sentence is insufficient. Judge can remit (send) the case to any higher court, solely fir the purpose of sentencing
- Romans III, if the Magistrate fails to caution the defendant, the whole trail will be void
What is the purpose of criminal law
- Protect individuals and their property from harm
- Preserve order in society
- Punish the people who commit unlawful acts
- Educate about appropraite conduct and enforce moral values
What are the 5 purposes of sentencing that courts must consider
- Detterance
- Retribution
- protection of the public
- rehabilitation
- reperations/remedies to victims
What are the 2 types of sentencing/sanctions
Custodial Sentencing
* imprisonment, illegal by the state
Non-custodial Sentencing
* no imprisonment i.e. fines, community service
R v McGee (2012) EWCA Crim. 613
Facts: Police found substantial quantity of cocaine and heroin in and under M’s bed in a room occupied by another person
But evidence showed that her premises were permitted to be used for production of a controlled drug
Held: Prosecution has to prove all elements of the crime, that there is a coincidence of both actus reus and mens rea at the time of the crime
R v Wright (Craig George) [2011] 2 Cr App R15
Facts: Defendant was convicted for poseesion of controlled Class B drugs with intent to supply. But the large number of cannabis plants, but were immature containing no useable or saleable product
Appeal court stated there is no coincidence, although he had possessed the plant, but there was no suggestion that W intended to supply immature plants
Held: Not only does there need to be actus reus and mens rea, but there needs to be coincidence at the time of the even
What are the 3 elements of actus reus
- Act/ommision conducted
- consequnce
- surrounding circumstances
What are the 4 categories of mens rea
- Intention
- Recklessness
- Gross Negligence
- Knowledge
What are the 3 types of crimes
- Conduct/act crimes (No need reuslt)
- Result/consequence crimes (need result)
- situational crime (only circumstances)
What is a verdict
When defendant is proven beyond reasonable doubt, the judge directs the verdict to the jury
Verdict is when they decide “guilty” or “not guilty”
What is the verdict if defence pleads defence of insanity
Judge has no choice but to give special verdict: ‘Not guilty by reason of insanity’
