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Criminal Law workshop 1 > Criminal Law workshop 1 > Flashcards

Criminal Law workshop 1 Flashcards

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1
Q

What is a crime?

A
  • behaviour which is recognised as deserving of punishment
  • a public wrongdoing deserving of punishment
  • something which is committed against society
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2
Q

What are the reasons for criminalising behaviour?

A
  • incapacitation
  • rehabilitation
  • deterrence
  • other punishment
  • protection
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3
Q

What are the two approaches to criminalising behaviour?

A
  • moralist approach

- utilitarian approach

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4
Q

What is the moralist approach to criminalising behaviour?

A
  • seeks to criminalise behaviour which is regarded as immoral, EVEN IF no harm has been done
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5
Q

What is the utilitarian approach to criminalising behaviour?

A
  • seeks to criminalise behaviour which is BOTH morally blameworthy and causes harm
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6
Q

What is the rule of law

A
  • there can be no criminal liability unless the conduct is prescribed by the law (conduct is part of a criminal offence)
  • there can be no criminal liability unless the offender is convicted following a proper trial
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7
Q

What is the classification for criminal offences?

A
  • summary only offences
  • either-way offences
  • indictable only offences
  • all offences start in the magistrates
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8
Q

Summary offence

A
  • can only be tried in magistrates
  • less serious crimes
  • minor assault
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9
Q

Either -way offence

A
  • can be tried by magistrates or crown
  • middle range of offences
  • theft, burglary, dangerous driving
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10
Q

Indictable only offence

A
  • only tried in the crown
  • most serious crimes
  • murder, rape
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11
Q

Difference between crown and magistrates

A
  • magistrates judge decides points of law and fact

- crown judge decides the point of law, jury decides the point of fact and decides if guilty or not guilty

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12
Q

How is it decided whether a case will be tried in the magistrates or crown?

A
  • magistrates have to consider its sentencing powers

- if they think the conviction deserved is outside of their sentencing powers, they will refer the case to the crown

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13
Q

Who has the burden of proving a criminal offence

A

the PROSECUTION

- duty of the prosecution to prove the prisoner’s guilt

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14
Q

Is there a burden of proof on the defence?

A
  • there are some situations where the defendant has to prove a defence
  • called evidential burden
  • includes self-defence and insanity
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15
Q

What is the standard of proof for the prosecution

A

beyond reasonable doubt

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16
Q

What is the standard of proof for the defence

A

on a balance of probabilities

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17
Q

Criminal Appeals - appeal against a conviction by the jury

A

if the court of appeal decides there was an error of law made by the judge, the conviction is quahsed

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18
Q

Criminal Appeals - dismissed appeal?

A

COA can decide the conviction is safe

19
Q

Criminal Appeals - if conviction is quashed?

A

there is a general power to retrial

20
Q

Criminal Appeals - Crown cannot appeal against a not guilty verdict by jury

A

Attorney general can make a reference to the court of appeal to settle a point of law for the future

21
Q

What is the Criminal Cases Review Commission

A
  • took over the role from the home secretary

- enquire into and possibly refer cases back to the court of appeal once the defendant has exhausted all normal avenues

22
Q

What are the key components of a criminal offence?

A

actus reus - guilty conduct

mens rea - guilty mind

23
Q

What are the different aspects to actus reus

A

INVOLVES DEFENDANT TAKING POSITIVE ACTION

  • conduct
  • consequence
  • circumstance
24
Q

What is an omission?

A

failiure to act

25
Q

can you commit a crime for failing to act?

A

yes if you meet one of the 4 special circumstances?

26
Q

What are the four situations where there can be criminal liability for omission?

A
  • special relationship
  • breach of a contractual duty
  • breach of statutory duty
  • dangerous situations
27
Q

What are conduct crimes

A

defendant has to behave in a certain way AND certain circumstances have to exist e.g. rape

28
Q

What are result crimes?

A

defendant has to behave in a certain way AND there has to be a certain consequence

29
Q

Differences between the breach of statutory duty and other duties e.g. contractual

A

breach of statutory duty - punished for the omission itself e.g. failing to stop at a traffic light

breach of other duties - punished for the consequence of the omission

30
Q

Actus Reus - voluntary behaviour

A

conduct of the defendant must be voluntary for it to meet the requirement of actus reus

31
Q

Mens Rea

A

Guilty mind

  • intention : desire, purpose, goal
  • recklessness
32
Q

Direct intent

A

where there is a direct attack, the issue of intention is clear

33
Q

defence of automatism

A

a situation where defendant is blameless because their conduct was not voluntary

34
Q

Indirect / oblique intent

A

spin-off or side effect of the defendant’s main purpose

35
Q

What are the conditions to be met for indirect intent

A
  • was the consequence virtually certain to occur?
  • if so, did the defendant himself foresee the consequence as virtually certain to occur?
  • what a reasonable person would have foreseen is a good indication in deciding what the defendant did foresee
36
Q

what is ulterior intent

A

prosecution has to prove an extra element of mens rea - defendant intended to cause a consequence that went beyond the actus reus of a crime

37
Q

what is basic intent

A

either recklessness OR intention will suffice as mens rea

38
Q

what is specific intent

A

ONLY mens rea that will suffice is intention

39
Q

how is recklessness defined

A

AKA subjective recklessness, Cunningham recklessness

  • whether defendant foresaw a risk
  • still took the risk
  • the risk was unjustified
40
Q

what is transferred malice

A

if a defendant has the ‘malice’ - mens rea - to commit a crime against any person, this malice transfers to any unintended victim

41
Q

what is the condition for transferred malice

A

only works if the actus reus actually committed is the same type of crime as teh defendant originally had in mind

42
Q

what is negligence

A

‘carelessness’

  • fail to meet the standards of a reasonable person
43
Q

what are strict liability offences?

A

defendant can be convicted of criminal offence without having mens rea/negligence

44
Q

general principles in crime

A

coincidence of mens rea and actus reus
- actus reus and mens rea should coincide in time

ignorance of law
- claiming you were unaware something was illegal is never an acceptable defence

mistake of fact
- means defendant lacked knowledge required for mens rea

Criminal Law workshop 1 (1 decks)

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