Introduction to criminal law (L1)

Question 1

What is a crime?

Answer 1

• Legally defined prohibited conduct
• Legislation and common law

Question 2

Pet abduction act 2024, Section 1(1)

Answer 2

A person commits an offence of dog abduction if:
1) Take a dog as to remove it from lawful control of any person, or
2) Detain a dog so as to keep it from lawful control of any person who is entitled to have control over it.

Question 3

Pet abduction Act 2024, Section 1(7)

Answer 3

A person who commits the offence of dog is liable if-
1) On summary conviction to imprisonment for a term not exceeding the general limit in magistrates court, or fine, or both.
2) [N/A]
3) On conviction on indictment, to imprisonment for a term not exceeding 5 years, or fine, or both.

Question 4

Courts of first instance

Answer 4

• Magistrates court
• Crown court

Question 5

Senior courts

Answer 5

• High Court, Kings Bench Division
• Court of appeal
• Supreme Court

Question 6

Types of offences (include examples)

Answer 6

Summary offence
Example: Common assault
Triable either way offences
Example: Theft, burglary
Indictable offence
Example: Murder, rape

Question 7

Which court are summary offences heard?

Answer 7

Magistrates court

Question 8

Which court are either way offences heard?

Answer 8

Either magistrates or crown court depending on the circumstances

Question 9

Which court are indictable offences heard?

Answer 9

Crown court

Question 10

Burden of proof?

Answer 10

The burden of proof is on the prosecution to prove the case against the accused.

Question 11

Standard of proof? (Criminal offences)

Answer 11

Beyond reasonable doubt.

Question 12

Other standard of proof (rare or civil cases)

Answer 12

On a balance of probabilities

Question 13

How is guilt established?

Answer 13

• Find definition of the crime, common law or legislation
• Break down into “acts reus” and “mens rea”

Question 14

Actus reus

Answer 14

“the guilty Act”
Offence elements to do with the defendants conduct.

Question 15

Mens rea

Answer 15

“Guilty mind”
Internal elements relating to the defendants mind or fault.

Question 16

Criminal damage Act 1971, section 1(1)

Answer 16

“A person who without lawful excuse destroys or damages any property belonging to another intending to destroy or damage any such property or being reckless as to whether any such property would be destroyed or damaged shall be guilty of an offence.”

Question 17

Fagan v MPC [1969]

Answer 17

D asked to pull over by Police. Accidentally drove over P’s foot. D was unaware of this, P told him and requested he move his car. D deliberately delayed moving the car.

Question 18

Thabo Meli v The Queen [1954]

Answer 18

Thabo & others plan to kill V and hide body. They beat V severely and believed he was dead. Threw the body off a cliff. Later appeared that V had not died from the beating and had died from the fall.
At the time D’s had the mens rea, the acts reus was not complete, and at the time that the acts reus was present, they did not have the mens rea.