Theory Of Criminal Law - Harm

Question 1

Why is the principle of harm very important?

Answer 1

Creation of criminal offences
Justifying criminal sanctions on those found guilty
The most serious offences usually involve harm

Question 2

Definition of harm

Answer 2

Harm means causing harm to others, as in physical injury or damage to property. It can also be causing fear of future injury and hate crimes

Question 3

John Stuart Mill

Answer 3

Created the harm principle.
This means a person is free do act as they wish, and the law will only intervene if their actions cause harm to others

Question 4

The law will not allow you to consent to..

Answer 4

Serious injury as it is not in the public interest.
For eg R v McCarthy didn’t allow for body modifications even though there was consent

Question 5

You can also cause harm to yourself for example

Answer 5

Self infected injury, or suicide.
Not all of these are criminal acts
For eg suicide is no longer seen as a criminal offence as the law recognises D as someone needing help rather than to be punished

Question 6

The law recognises that you can harm society in general through

Answer 6

Outraging public decency
R v Gibson: D freeze dried foetuses and made them into earrings and was liable for outraging public decency due to the harm imposed onto the public

Question 7

Example of not being allowed to consent to serious injurty

Answer 7

R v McCarthy

Question 8

Outraging public decency case

Answer 8

R v Gibson