Paper 1 B (criminal law)

Question 1

define criminal law

Answer 1

a body of rules and statutes that defines conduct prohibited by the government because it threatens and harms public safety and welfare and that establishes punishment to be imposed for the commission of such acts. The term criminal law generally refers to substantive criminals laws.

Question 2

what does it mean to have a conduct criminalised by judges

Answer 2

some conducts can be criminalised by judges rather than the state this is where judges make new criminal offences through case law. In modern times this only happens on rare occasion as nearly all law is made by parliament.

Question 3

what case study is used for conduct criminalised by judges horny sh……

Answer 3

Shawn V DPP (1962)- The defendant published a ladies directory - this advertised names and addresses of prostitutes with their photo and details of the ‘services’ they offered. The house of lords charged him with conspiracy to corrupt public morals. As there did not appear to be an offence which covered the situation.

Question 4

what are the elements of a crime

Answer 4

there are two main elements involved in a crime. Actus reus (this refers to the alleged act itself) and Mens reus (the mental element of the act or the degree of intent)
Both of these elements must be together to constitute the offence, however if the act is ongoing and the presence of mens rea at any point can be proved, that is sufficient.
however if there,s a valid defence, even if actus reus and mens rea are both there, the defendant may still be found not guilty

Question 5

Describe Strict liability offences

Answer 5

Strict liability crimes are where the prosecution need to prove the actus reus only, no mental element is needed for guilt

Question 6

what is a defence

Answer 6

offences (both fatal and non-fatal) commited by the defendant can sometimes include a number of factors that could lead to a not guilty verdict this is a defence

Question 7

name some examples of defences

Answer 7

-Insanity
-Automatism (difficult to define, but generally meaning acts done whilst unconscious or involuntary acts)
-intoxication
-duress
-necessity
duress and necessity are not defences for murder. Intoxication can only be used as a defence when the defendant did not have the required mens rea

Question 8

describe standard of proof and burden of proof

Answer 8

Standard of proof in criminal cases needs to be beyond reasonable doubt in order to convict.
Burden of proof is on the prosecution to prove that the actus reus and mens rea were both there when the offence was committed