Outline of the rules of criminal law Flashcards
What is the definition of crime?
As defined by Lord Atkin in Proprietary articles trade association v Attorney general for canada ‘The act prohibited with penal consequences’
What is the fundamental principle of english criminal law and who was is said by?
Stated by Edward Coke ‘an act is not guilty unless the mind is also guilty’
Which created actus reus and mens rea
What can defences be split into?
Mental capacity defences, general defences
What is automatism?
An involuntary act caused by a spasm or a reflex
What is the burden of proof?
a defendant is innocent until proven guilty
What is the standard of proof?
The defendants guilty must be proved ‘beyond all reasonable doubt’
Who is the burden of proof on?
The prosecution unless there is reverse onus in which the defendant will have to proof their innocence:
- Insanity defence (M’Naghten rules)
- Express statutory provision (Homicide act 1957)
What is the balance of probabilities?
the civil standard of proof which means the claimant must satisfy the court that there version is more likely than not
What is paternalism?
The state is justified in protecting individuals from harm
What is the correspondence principle?
the result which the defendant intends or foresees should match the result which actually occurs
What is fair labelling?
Crimes should be defined to reflect their wrongfulness and severity
