theory of criminal law

Question 1

what is the principle of fair labelling

Answer 1

• offences should properly describe the conduct to be prohibited
• this way they’re adequately distinguished from other offences

Question 2

what is the principle of correspondence

Answer 2

to establish criminal liability, a match should be required between D’s conduct and its consequence and D’s state of mind

Question 3

what is the principle of maximum certainty

Answer 3

• person should be able to determine in advance what conduct is or is not criminal and adjust their behaviour accordingly
• knowing in advance what conduct could lead to a charge for assault or battery

Question 4

what is the principle of no retrospective liability

Answer 4

• an attempt by law makers to create and impose a liability after the event, when at the time of the event, note was recognised are rare
• e.g. in R v R it was held that rape could occur in marriage
• precedent is prospective