Introduction to criminal law (L1) Flashcards
What is a crime?
- Legally defined prohibited conduct
- Legislation and common law
Pet abduction act 2024, Section 1(1)
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.
Pet abduction Act 2024, Section 1(7)
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.
Courts of first instance
- Magistrates court
- Crown court
Senior courts
- High Court, Kings Bench Division
- Court of appeal
- Supreme Court
Types of offences (include examples)
Summary offence
Example: Common assault
Triable either way offences
Example: Theft, burglary
Indictable offence
Example: Murder, rape
Which court are summary offences heard?
Magistrates court
Which court are either way offences heard?
Either magistrates or crown court depending on the circumstances
Which court are indictable offences heard?
Crown court
Burden of proof?
The burden of proof is on the prosecution to prove the case against the accused.
Standard of proof? (Criminal offences)
Beyond reasonable doubt.
Other standard of proof (rare or civil cases)
On a balance of probabilities
How is guilt established?
- Find definition of the crime, common law or legislation
- Break down into “acts reus” and “mens rea”
Actus reus
“the guilty Act”
Offence elements to do with the defendants conduct.
Mens rea
“Guilty mind”
Internal elements relating to the defendants mind or fault.
Criminal damage Act 1971, section 1(1)
“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.”
Fagan v MPC [1969]
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.
Thabo Meli v The Queen [1954]
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.
