Crim Law

Question 1

What is the distinction between a criminal wrong and a civil wrong

Answer 1

• Liability -commission of a crime /harm caused
• punishment
• how cases are established

Question 2

Discuss punishment as an objective of criminal and enumerate the circumstances in which the creation of penal laws is justified

Answer 2

1. The sentence should fit the the crime
2. The punishment should act as a deterrent to the general public
3. The punishment should act as a deterrent to the offender
4. The offender should punished in such a way to prevent him from harming the community further crimes during the period of punishment
5. The punishment should rehabilitate the offender

Question 3

What the three sources of common wealth Caribbean criminal law

Answer 3

• Territories that adopt English statute
• Territories that established their own penal codes
• Territories that consolidated English statutes with their own penal codes

Question 4

What are some territories that adopt English statute ?

Answer 4

• Barbados
• Trinidad and Tobago
• Dominica
• Jamaica

Question 5

Territories that established their own penal codes

Answer 5

• Belize
• Cayman
• St Lucia
• Grenada
• Monsterrat
• British Virgin Islands

Question 6

Territories that consolidated English statute with their own penal codes

Answer 6

Guyana
St Vincent
The Grenadines

Question 7

What are the elements of an offense

Answer 7

Actus Reus
Men’s rea
Absence of a defence

Question 8

What must prosecution prove concerning these elements in order to convict D

Answer 8

Actus Reus
Mens Rea
Absence of a defence

Question 9

What is actus Reus

Answer 9

As an element of criminal responsibility, the wrongful act or omission that comprises the physical components of a crime. Criminal statutes generally require proof of both actus reus and mens rea on the part of a defendant in order to establish criminal liability.

Question 10

What is mens rea

Answer 10

As an element of criminal responsibility, a guilty mind; a guilty or wrongful purpose; a criminal intent. Guilty knowledge and wilfulness.

Question 11

Actus no facit reum nisi mens sit rea

Answer 11

There’s no guilty act unless the mind is guilty

Question 12

Exceptions to actus no facit reum nisi mens sit rea

Answer 12

Yes

Statutory rape

Question 13

With reference to specific provisions why can omissions be classified as actus Reus

Answer 13

Malfeasance

Misfeasance

Question 14

Can defence carry out the actus Reus through the agency of another

Answer 14

Yes by force

Question 15

What are some statutory references to the specific mental element required for offences outlines in offences against a person act

Answer 15

With intent 
Recklessly 
Unlawfully 
Maliciously 
Knowingly

Question 16

With reference to decided cases discuss the different types of intent

Answer 16

Direct
Specific
Oblique
Basic

Question 17

Direct intent

Answer 17

Intends for an event to occur whether or not chances are small that it occurrs

Question 18

Oblique intent

Answer 18

No longer legally sufficient
It was held that foresight of at least a probability of the result meant that the defense intended the result although obliquely and this was sufficient to find D intended to commit the offense

Question 19

Basic intent

Answer 19

This is a form of men’s rea that does not extend beyond actus Reus dppvmorgan

Defense does not Foresee or intend any consequence outside of that contained in the actus reis

Question 20

Specific intent

Answer 20

The mental purpose, aim, or design to accomplish a specific harm or result by acting in a manner prohibited by law.

Question 21

Types of recklessness

Answer 21

Subjective /Traditional

Objective