Criminal liability

Question 1

Definition - Crime

Answer 1

• liability

Sources:

• Statutes (Acts of Parliament)
• Common law

Public law issue

Board of trade v Owen (1957)
A crime is an unlawful act or default which is an offence against the public and renders the person guilty of the act or default liable to legal punishment.

Mode of trial
- Indictment
-

Question 2

Elements of a crime

Answer 2

Actus Reus + Mens Rea/Strict Liability + Absence of a defence = Criminal Liability

Question 3

Actus Reus

Answer 3

Guilty Act
e.g. stabbing
incl.
- circumstances of crime
- conduct of a crime
- consequences of a crime

Question 4

Mens Rea

Answer 4

Guilty mind

• intention / - reckless
• malice aforthought

in English criminal law, mens rea is always required, except when statute says so
= strict liability
(Sweet v Paisley 1970)
issues of safety of the public
e.g. sale of cigarettes to under 16

Meah v Roberts (1977)

Question 5

Result v Conduct Crime

Answer 5

Result/consequence crime
e.g. murder
We have to show that D cause the result (causation)

Conduct crime
e.g. conspiracy
The outcome doesn’t matter, the act is enough

Question 6

Standard of proof

Answer 6

“Beyond reasonable doubt”

The prosecution must prove the existence of the actus reus and mens rea beyond reasonable doubt

Woolmington v DPP (1935)

(in civil law the standard of proof is the balance of probability)

Question 7

Criminal process

Answer 7

• Arrest, Investigation, charge (Police involvement)
• Court trial, the verdict, sentence

• *Enquiry**
• by the police to gain evidence
• by the prosecution to prepare case

Trial
Trial in court
Verdict

Sentence
Sentencing