principles in formulating rules Flashcards
1
Q
fair labelling
A
- crimes should be defined to reflect their wrongfulness and severity
- should be clearly distinguished from other crimes
1
Q
correspondence
A
- each offence should be defined and interpreted in such a way that each element of the AR has a corresponding element
2
Q
correspondence example
A
- s18 GBH/W: specific intent to cause GBH, AR is to cause GBH or wounding
3
Q
maximum certainty
A
- judicial decisions must be made according to legal rules
- allows individuals to regulate their behaviour with certainty and protect them from arbitrary use of state power