Intro to Criminl law Content (A)

Question 1

What is criminal law

Answer 1

Law that controls Human Behaviour

Question 2

List 3 guiding factors that parliament uses to create offences

Answer 2

1. Type of harm that results from conduct.
2. Threat to social and economic stability
3. Moral values of society

Question 3

List two differences between criminal and civil law

Answer 3

1. ) criminal law punishes offenders whereas civil law compensates victims.
2. ) Criminal law is between the individual and the state whereas civil law is between private individuals

Question 4

Why is it difficult to define a crime?

Answer 4

1. ) it encoumpases a variety of prohibited acts.

2. ) it changes from place and time.

Question 5

Define a crime according to Halsburys Laws of England.

Answer 5

A crime is a wrong that affects the security/ wellbeing of the public generally so that the public has an interest in it.

Question 6

Define a crime according to the Board of Trade v Owen

Answer 6

A crime is an unlawful act or default which is an offence against the public and renders the person guilty of the act and liable to legal punishment.

Question 7

List the elements of a crime in the Board of Trade v Owen case

Answer 7

1. unlawful act / default
2. offence against the public
3. individuals who commit crime are rendered guilty
4. Guilty individuals suffer legal punishment.

Question 8

List 4 principles of a crime/ criminal law

Answer 8

1. ) There is no crime without a law
2. ) The law should never be retrospective
3. ) Nobody can be given a harsher sentence than the law provides
4. ) Every person is innocent before they plead or are proven to be gulity

Question 9

What does : Nullum Crimen Sine Lege mean?

Answer 9

There is no crime without a law

Question 10

What does Nullum Crimen sine Lege praevia mean?

Answer 10

The Law does not apply retrospectively.

Question 11

List 5 sources of criminal law

Answer 11

1. ) the constitution
2. ) Statutory law
3. ) common law
4. ) case law
5. ) text books

Question 12

List 4 ways in which offences are classified

Answer 12

1. ) cognisable/ non cognisable offences
   2) felonies/ misdeameanors
2. ) The court trying the particular offence
3. ) conduct/ result crimes

Question 13

What is a cognisable offence?

Answer 13

its an offence in which the police can make an arrest without a warrant

Question 14

What is a non cognisable offence

Answer 14

An offence in which the police are required to have a warrant in order to make an arrest.

Question 15

Give 4 examples if cognisable offences.

Answer 15

1. ) Treason
2. ) Inciting Mutiny
3. ) Riot
4. ) Defaming the President