Rules of criminal Law Flashcards
What is a crime?
An act that is forbidden by the state, for which there is a punishment
What did Lord Atkin state in Propriety Articles Trade Association v Attorney General for Canada?
“The act prohibited with penal consequences”
What was Herbet Packer’s definition of a crime?
Wrongful conduct that is necessary to condemn or prevent
In what statute was the law on homosexual acts changed?
Criminal Law Amendment Act 1985, and then further amended in the Sexual Offences Act 1967
When does criminal law change?
In changes society and changes in technology
How is criminal law made?
- Through statute
- Through judges, case law
What organisation is responsible for criminal prosecutions?
The CPS and also private organisations, such as the RSPCA
What happened in Shaw v DPP?
The common law offence of ‘conspiracy to corrupt public morals’ was accepted by the House of Lords
What happened in RvR?
The common law offence of marital rape was established
What are the elements of a crime?
Actus Reus and Mens Rea
What is actus reus?
An act, omission or state of affairs that is voluntary. It is either a conduct offence or a consequence offence
What was Lord Diplock’s view in Miller?
The term ‘Actus Reus’ is misleading and ‘prohibited conduct’ was his preferred term
What is mens rea?
The ‘guilty mind’, the mental element or fault of the offence. The level of mens rea is different depending on the severity of the crime
What is needed to prove a strict liability offence?
Only actus reus needs to be proved, not mens rea as the fault of the defendant does not need to be proved
What is the standard of proof in a criminal case?
‘Beyond all reasonable doubt’ due to the potential loss of liberty
