Introduction to crime + classification

Question 1

Who can raise a defense?

Answer 1

Either side - the prosecution or the defense team

Question 2

What case defined the characteristics of a crime?

Answer 2

Melling v O’Mathghamhna and anor [1962] IR 1

Kingsmill Moore J

Question 3

What are the characteristics of a crime as described in Melling?

Answer 3

1. against the public
2. requires proof of mens rea
3. prosecuted according to criminal procedure
4. described by the law governing it in the criminal law vocabulary
5. the law punishes

Question 4

Fill in the blank:

👉🏽The civil law provides for [. blank ] and the criminal law prescribes [. blank. ].

Answer 4

👉🏽The civil law provides for remedies for victims and the criminal law prescribes punishment for offenders

Question 5

What is an arrestable offense?

Answer 5

S2(1) of the criminal law act 1997

👉🏽 an offence which, a person of full capacity and not previously convicted may be punished by imprisonment for a term of 5 or more years or by a severe penalty and include an attempt to commit such an offence

Question 6

What does Art 38.5 enshrine?

Answer 6

Right to a criminal trial by jury
Not an absolute right however as there are 3 exceptions
- Art 38.2 - minor courts can be tried on summary jurisdiction

Question 7

Summary offense?

Answer 7

an offence that is tried in the DC

Question 8

Indictable offense?

Answer 8

an offense that is tried in the CirCC, SCC, CentCC

Question 9

Triable-either way offenses?

Answer 9

Either triable either summarily or on indictment

if legislation governing an offense prescribes a maximum punishment upon summary conviction and a max punishment upon conviction on indictment, the offense is triable either way

the DPP will decide on this ultimately