Criminal Law Flashcards
What is a crime?
- No universal definition.
- Is a reflection of time and age.
- An action criminally punished.
Criminal Law
Is the reflection of community values aimed at isolating the blameworthy who are deserving of punishment.
A crime
A crime mat be defined as an act (or omission or a state of affairs) which may be followed by the prosecution.
Elements of a crime
- Actus reus
- Mens rea
- Absence of defence
Type of crime?
- Conduct crime
- Result crime
- Situational crime/ State of affairs
What is a conduct crime?
Prohibits conduct regardless of consequences
Result crime
Prohibits consequences arising from D’s conduct .
Situational Crime/State of affairs
Definition of actus reus is concerned neither with conduct or consequences, but simply with existence of set of facts/circs. (e.g. possession of drugs, drunk driving)
Actus reus
Purpose to Criminal Law
- Protect individuals.
- Preserve order in society.
- Punish offenders.
- Enforce moral values
Conflicting cases in GBH
- Brown (1993) S. 47 OAPA 1861. GBH/ consent/ gays.
2. Wilson (1996) S. 47 OAPA 1861/ GBH/ consent/husband initials.
Examples of the changinf nature or criminal law
- Criminal Law Amendment Act 1885/ consensual homosexual act/ criminalised.
- The Sexual Offence Act 1967/ decriminalised sex 21 age an over.
- The criminal justice and Public Act 1994/ decriminaled sex 18 age an over.
4.
Judicial Law making
- Shaw v DPP 1962/ conspiracy to corrupt publi morals.
- Knulller Ltd v DPP (1973) confirme this offence.
- Gibson 1991.
- R v R (1991) marital rape criminalised.
- Brown 1993.
- Wilson 1996
Classification of offence
- Indictable.
- Triable.
- Summary
Indictable Offence
Indictmet at the Crown Court ( example: murder, manslaughter, rape.
Triable Offence
Indictment at the Crown Court or Sumarily at the Magistrates’ court ( e.g. Theft, burglary, assaul, GBH.
Summary offence
Offence which can only be tried at the magistrates’ court ( e.g. Assaunting a Policeman. common assault.
Classifying law by its sources
- Common law (judge-made)
- Statutory (defined in an Act of Parliament.
- Regulatory (set out in delegated legislation)
Classifying the offence by the type of harm caused by the crime
- Offence against the person.
- Offence against property.
- Offence against public order
Elements of a crime
Actus reus (physical element) + Mens rea (Fault element)= offence
Latin maxim of crime
“actus non facit reum nisi mens sit rea”.
The act itself does not constitute guilt unless done with a guilty mind.
Actus reus
An act as it can cover omissions or a state of affairs
Actus reus
Lord Diplock in Miller (1983): prohibited conduct.
Actus reus
“external element”.
The law commission in the Draft Criminal code (1989)
Mens rea
Guilty mind
Mens Rea v The law commission in the Draft Criminal code (1989)
Fault element
Case:
Fagan v Metropolitan Police commissioner (1969)
Actus reus can be a continuing act, so that it mens rea is superimposed on it at any point, it completes the offence.
Case:
Thabo Meli v R (1954
Where mens rea and actus reaus are present in a series of acts then there is sufficient coincidence for D to be guilty.
Case: Le Brun (1991)
Crimes of strict liability
The prosecution need only prove the actus rea; no (mens rea) mental element is need for guilty.
Defence
May can have Actus rea and mens rea, but may not be guilty.
Burder and standar of proof
Actus reus and mens rea must be prove by the prosecution.
Case: Woolminghton v DPP 1935
Case: Woolminghton v DPP 1935