PUBLIC LAW Flashcards
ADMINSTRATIVE LAW
-regulates activities if bodies that exercise public powers, admin functions
SOURCES OF ADMIN LAW
- LEGISLATION (PASSPORT APCT,CONSTITUTION ETC)
- JUDICIAL PRECEDENT
- COMMON LAW
CRIMINAL LAW
-law that deals with behaviour that is considered criminal
SOURCES OF CRIMINAL LAW
- both common law and statue
- common law crimes
- statutory crimes
ELEMENTS OF CRIME
1) unlawful - (against law)
voluntary
conduct
2) CAUSATION- act must have caused a consequence
- factual causation means that the accused’s conduct must have resulted in the criminal consequence - we use the ‘but for’ test
3) CRIMINAL CAPACITY - person who commits the act must have understood that their actions will result in certain consequences
4) FAULT - did the person act with intention or negligence
TYPES OF INTENTION
1) DIRECT INTENTION-person fully intended directly to commit the crime
2) INDIRECT INTENTION- prohibited act or outcome was not the aim of the accused
3) EVENTUAL INTENTION- the accused did not wish to bring about the prohibited action