Principles of Criminal law- CRIMINAL LAW (1) Flashcards
What is a crime?
A conduct that has been forbidden by the state and for which there is a punishment.
Where does that definition come from?
In the case of- Proprietary Articles Trade Association v Attorney-General for Canada (1931)
Who decides what a crime is?
The state through passing an Act of Parliment
Whats an example of conduct criminalised by judges?
R v R (1991)
The crime of marital rape
A judge may criminalise certain behaviour through the system of precedent.
What does ‘ Actus non facit reum nisi mens sit rea ‘ mean
A latin phrase ‘ the act itself does not constitute guilt unless done with a guilty mind ‘
What 2 elements does a crime require
guilty act and guilty mind
The offence must have…
Actus Reus and Mens Rea
Whats the Actus Reus
The physical element.
An act ( commission ) or failure ton act ( omission ) or a state of affairs.
Whats the Mens Rea
The mental element.
Whats the standard of proof in criminal law?
prosecution must prove beyond all reasonable doubt that the defendant is guilty.
Whats the presumption of innocence
An accused person is innocent until proven guilty.
The burden is on the prosecution to prove beyond reasonable doubt that the defendant committed the crime he is accused of.
What happens when the defendant raises a defence
it is for the prosecution to disprove the defence.
whats the burden of proof
The burden of proof is on the prosecution to prove beyond reasonable doubt that the defendant committed the crime he is accused of.
whats reverse onus?
Reverse onus is when the defendant has to prove their innocence, shifting the burden of proof from the prosecution to them.
Whats the standard of proof in civil cases
The standard of proof in civil cases is “on the balance of probabilities,” meaning the claim is more likely true than not.
Why is this sometimes used in criminal cases
In some criminal cases, the “balance of probabilities” standard is used for certain defenses or issues, like self-defense, but not for proving guilt.
