Criminal 1: Bringing Proceedings and Burden of Proof Flashcards
At which court are different criminal cases filled against?
ALWAYS Magistrates
Who can bing a criminal case to court?
Generally CPS on behalf of the crown (Regina)
Also can be brought by
- local authorities (county council and cities)
- Government agencies if permitted by parliament including:
- Environmental Agency
- private citizens
- organisations
- charities
What is the aim in bringing criminal case?
- compensate for criminal acts
- punish (prison, fine etc.)
- incapacitation (imprisonment, curfew)
- deterrence
- rehabilitation
Who has the burden of proof and what is the standard?
- Prosecution
- beyond a reasonable doubt - Sometimes defendant for:
- certain defences (on balance of probabilities)
- certain excuses (balance of probabilities)
What is the evidential burden of the defence of self-defence?
Once raised by defendant
- prosecution must disprove it
What elements may make up the AR?
- Conduct
- generally positive action
- omission only if breached a duty owed to defendant - Circumstance
- that must exist for a offence (eg. stolen property must belong to another) - Results Crimes
- must satisfy causation test
How is causation for results crime tested?
- Factual Causation
- but for test
- if more than one cause or if actions accelerated result that is sufficient
- eg. poisoning ill person so they die sooner // two people poison same food independently of each other both liable - Legal Causation
- Action must be substantial cause (more than minimal, slight or trifling); and
- Action must be operative (no intervening act)
What intervening acts are there for results crimes?
- Medical Negligence
- Only if negligent treatment was so independent of D’s act and so potent in causing death, that they regard the contribution made by D as insignificant - Act of 3rd party
- 3rd party has to act freely, deliberately and informed - Acts of Victim
- if voluntary and not foreseeable by defendant or reasonable person
- must be so daft as to be unforeseeable
- think skull rule applies - Acts of Defendant
- yes if new act
- stab someone and then infect them they only die of infection - this breaks chain of causation - Natural Event
- if unforeseeable by defendant and reasonable person
What is Mens Rea?
- state of mind D must have during the event
- NOT motive
Different types of intent
Direct Intent
- D’s aim or purpose
Oblique Intent
- result was virtual certainty; and
- realised by defendant as such
- only available for specific intent offences
Specific Intent
- some crimes requires only specific intent (can only commit intentionally)
- can use oblique intent
List of Specific intent offences
- attempt
- encouragement and assistance
- murder
- wounding or causing GBH with intent (s.18)
- Theft
- Robbery
- Burglary (under s. 91a)
- fraud by false misrepresentation
What is transfer malice
- Applies to intention
- If defendant has intention to commit an offence against one victim but inadvertently commits the offence against a different victim mens rea is satisfied
- Only applies to same offence (ie throwing brick with intention of hitting someone (assault) but hits window (criminal damages) then transfer malice will not apply)
What are strict liability offences?
- Can be found guilty from the mere fact that they committed the act
- No Mens Rea is required
how to show MR for Corporate Liability
Identification Doctrine
- To show MR for crime committed by corporation must find a controlling mind (a person whose actions and mental stae can be said to be that of the corporation as a whole)
