Structure of a Criminal offence Flashcards
What defences are available for a response-able agent in criminal proceedings?
Defences include infancy, insanity, and unfitness to plead.
How can technical requirements like limitation and double jeopardy affect the jurisdiction of a court?
They can negate jurisdiction, limiting the court’s ability to hear a case.
How does automatism (performance of action without willingness) impact the capability for voluntary action?
Automatism may negate the capability for voluntary action, serving as a defence.
What are some defences related to the exercise of voluntary conduct?
Defences include non-voluntary actions like tripping.
What defenses can be raised against actus reus?
Consent, alibi, and denials of causing the actus reus.
How can mistakes or intoxication impact mens rea in criminal law?
They can lead to a lack of mens rea, negating liability.
What justifications can be made for an offence? Excuses?
-Self-defense and necessity can justify the act.
-Excuses include Duress and statutory excuses.
What is required to establish actus reus?
What is the key case?
-Conduct causing harm the law seeks to prevent.
-Key case: R v Larsonneur (1934).
How is mens rea defined in criminal law?
What is the key case?
-The defendant’s state of mind, such as intention or recklessness.
-R v G and R [2003].
What principle relates to the timing of mens rea and actus reus?
How can defences like duress and self-defense affect liability?
-Contemporaneity = The prosecution must prove the defendant had the mens rea at the time of the actus reus.
-They may prevent liability even if the actus reus and mens rea are present.
Can the judiciary create new offenses retrospectively?
No, but it can potentially remove defences in specific circumstances.
Under what conditions can courts develop new defences under Article 7 ECHR?
Courts can develop new defences in the case of an error committed by the domestic courts, though judicial restraint often limits law-making.
What factors does the House of Lords (Now Supreme Court) consider when changing the law?
Factors include obviousness, parliamentary jurisdiction, social contention, fundamental legal doctrines, and clarity/finality.
