Chapter 12- Rules of criminal law Flashcards
What happened in Shaw v DPP and what does it apply to?
-D published directory with names, photos and addresses of prostitutes
-D was charged with conspiracy to corrupt public morals
-House of lords accepted that there was an offence of conspiracy to corrupt public morals, as there wasn’t an offence which covered the situation
(Conduct criminalised by Judges/making new laws)
What happened in Woolmington v DPP and what does it apply to?
-D’s wife left him and went to live with her mother
-D went to mothers house and shot wife dead
-He claimed he asked his wife to comeback with him and if she refused he would commit suicide, then he accidentally shot her
-Judge told jury that the prosecution had to prove beyond reasonable doubt that the D killed his wife
-And if they did do that the D had to show that the situation was an accident
-Putting burden of proof on D
-House of lords ruled that it wasn’t correct
(Rules of burden of proof)
