Types of crimes

Question 1

what is Strict liability and examples?

Answer 1

• Where the MR for the crime is not needed
• Section 58(2) Medicines Act 1958 means the selling of medical products no MR is required if they go wrong
• Section 4 Road traffic Act 1988 means driving or attempting to drive under influence does not require MR
• This makes an offence easier to prove

Question 2

What are result crimes and an example?

Answer 2

• Where a result must have occurred before D can be guilty

- S47 OAPA 1861, assault occasioning ABH

Question 3

What are Conduct crimes and an example?

Answer 3

• Were there is no specified result that the prosecution has to prove
• Instead prosecution only has to prove that D participated in a particular type of conduct or acted in a certain way
• Section 1 Perjury Act 1911 where it is an offence for witnesses to make false statements

Question 4

What are state of affairs crimes and an example?

Answer 4

• Where there is no requirement of a particular crime or conduct
• It is enough for the prosecution to show that a state of affairs exists
• Section 4(1) Road traffic act 1988 where even if someone has no intention of driving if they are found in a state of affairs such as sleeping in the car they can be found guilty

Question 5

Miller 1983

Answer 5

• Omissions
• Started a chain of events
• Squatter who set fire accidentally and then moved to a different room

Question 6

Fagan 1969

Answer 6

• Man drove onto Police officer’s foot and failed to remove the car when asked
• Omission

Question 7

What is meant by asking the Normative question?

Answer 7

• Looking at the way something should be as the ‘ideal’