Rules + Elements Of Criminal Law (done) Flashcards
What are the 4 categories of law ?
1) Procedural laws
2) Substantive laws
3) Public laws
4) Private laws
Define procedural laws
They prescribe the framework in which laws are made and enforced e.g PACE 1984
Define substantive laws
They create and define legal rights and obligations e.g the law on criminal offences
Define public laws
They govern the relationship between the state and its citizens e.g procedural laws defining the powers of parliament
Define private laws
They create rights enforceable between individuals e.g trespassing
Who has the burden of proof in criminal law?
The prosecution has the burden of proof. However the burden of proof shifts to the defence if they are trying to proof a defence
What is the standard of proof required in criminal law?
‘beyond all reasonable doubt’ meaning the jury must be 99.9% certain that D is guilty to prosecute
What are examples of the powers of sentencing a court has? (4)
Prison, community order, fine, driving ban
What is the actus reus?
The physical element of the crime
What must the actus reus be for a crime to have been committed?
Voluntary (Hill v Baxter)
Would an omission carry criminal liability?
No as stated by Stephen J in the 19th century unless D has a duty to act
What are the 6 common law situations where there is a duty to act (and cases)?
1) Contractual duty (Pittwood)
2) Duty through relationship (Gibbons & Proctor)
3) Duty taken on voluntarily (Stone & Dobinson)
4) Duty through one’s official postition (Dytham)
5) Duty through the creation of danger (Miller)
6) Duty through combination of public policy factors (Willoughby)
How is causation in fact proved?
Through the ‘but for’ test (Pagett)
How is causation in law proved?
Questions whether D’s actions were the most significant cause or was there an intervening act (Jordan)
What are the 4 potential breaks in the chain of causation (and cases)?
1) Third party actions which are unforeseeable/unlikely (Pagett)
2) V’s actions if they are unreasonable/unforeseeable (Williams)
3) Medical treatment which is ‘so potent to death/injury that it deems D’s actions insignificant’ (Cheshire)
4) Thin skull rules states ‘D must take their victim as they find them’ (Blaue)
What is the mens Rea?
The mental element of the crime
What are the 2 levels of intention?
• Intention
• Subjective Recklessness
What are the 2 types of intention and their definitions?
• Direct intention where it is D’s main aim or purpose (Mohan)
• Oblique intention where the Woolin test is used, ‘Did D foresee the consequences as a virtual certainty’
Define subjective recklessness
Taking an unjustified risk. We ask ‘did D realise the risk and decide to take that risk anyway?’ (Cunningham)
What is transferred malice?
A legal concept that transfers D’s men’s Rea from his intended victim to the actual victim (Latimer)
What is required to establish transferred malice?
The type of offence must be the same (Pembliton)
What are strict liability offences?
When the courts initially assume that the men’s Rea is required and then look at points of the case to decide if it should be made an offence made of strict liability (no mens Rea required)
What are the gammon tests and what case established them?
• Gammon (Hong Kong) Ltd v AG for Hong Kong (1985)
• These tests start with the presumption that mens rea is required and then consider determine if that presumption can be rebutted and it can become a strict liability offence.
What are absolute liability offences?
No men’s Rea is required for the offences and the actus reus does not need to be voluntary (Larsonneur 1933)
