Criminal Law Flashcards
What is crime?
A conduct which is forbidden by the state and for which there is a punishment and an issue of liability.
BOARD OF TRADE VS OWEN - (1957)
A crime is an unlawful act or omission which is an offence to the public - public law issue (public policy) - the state will prosecute (CPS)
What is Murder?
When a person of sound mind unlawfully kills another + they have an intention to kill/cause GBH
What is theft?
The dishonest appropriation of property - no intention of giving it back
What is Burglary?
A tresspasser enters a building intentding to steal, do bodily harm or unlawful damage
What is Robbery?
Someone stealing from a person using force or making them think force will be used
What is Arson?
Intentional/reckless act of setting fire to property
What is Manslaughter?
Unlawful killing without intention to kill/cause GBH
What is Criminal Liability?
Actus Reus + Mens Rea OR Strict Liability + Absense of Defence
What is an Objective Test?
If a reasonable/sober person would’ve been aware of the consequences.
BURDEN OF PROOF
Prosecution must prove that the defendant was guilty
Woolmington Vs DDP (1935)
Woolminton’s wife was going to leave him after 3 months - he was heartbroken - went to hiz mums house with a shotgun (threaten suicide) - shot her and claimed it was an accident
ACTUS REUS
What the defendant has actually done - act - POSITIVE ACT or OMISSION
