8- Rules of Criminal Law Flashcards
What is a crime?
Objective view: Conduct forbidden by teh state for which there is a punishment.
What is considered criminal can change over time. This can be caused by changes in society.
Examples: drink driving, homosexuality (Sexual Offences Act 1967 decriminalised it from those aged 21 and over. In 1994 reduced to 18 and in 2000 reduced to 16-this age brings the law into line with consenting heterosexual sexuall acts.), inequality (sexism, racism, disability, gender indentification…), new technology (online stalking, cyber bullying and Internet fraud).
Role of the state in crime
1 of its roles is to protect the people
They do this by setting out what constitutes a crime with an AofP
When a crime is committed, state will prosecute D (R for Rex or Regina v Someone)
- these ussually conducted by the CPS (state agency)
Also possible for a private organisation to start a prosecution such as RSCPA (against animal cruelty)
Conduct criminalised by judges
Sometimes crimes brought before court and there will be no Act that the judge can refer to so conduct is criminalised by judge and not the state
In these situatins judge will decide if the conduct should be deemed criminal
What are 2 cases that illustrate conduct criminalised by judges?
- Shaw v DPP (1962) Advertisement of prostitutes and their services to the public was deemed to be corrupting public morals.
- R V R (1991) If a wife does not consent to intercourse the husband can be charged with rape (marital rape)
What are the elements of a crime?
Most important principle is that for all crimes except crimes of strict liability there are 2 elements which must be proved by the prosecution:
- Actus reus
- Mens rea
Terms come from the latin maxim “actus non facit reum nisi mens sit rea”- the act itself does not consitute guilt unless done with a guilty mind.
What is actus reus?
Act, ommission or state of affairs that is the voluntary prohibited conduct together with any required consequences caused by the prohibited conduct of an offence.
Has a wider meaning than an act, as it can cover an ommission or a state of affairs (not an act, but the circumstances which are prohibited-possession of something)
Term criticised as misleading:
- Law Commission in the Draft Criminal Code (1989) used the term external act
What is mens rea?
Mental element of an offence
It translates to guilty mind but is also misleading
Law Commission in Draft Criminal Code (1989) used the term fault element- intent, knowledge
Levels of guilty mind required for different offences vary from highest level which is specific intention for some crimes to much lower levels such as negligence.
Do the 2 elements of a crime need to be present together?
Actus reus and mens rea must be present together, but if there is an ongoing act, the existence of the necessary mens rea at any point is sufficient.
What are strict liability offences?
Crimes where the prosecution need prove only the actus reus, no mental element is needed.
What are the rules of defence?
Even with actus reus and mens rea present, D might be found not guilty of an offence if they have an offence.
Certain defences such as duress, consent adn insanity may lead to a not guilty verdict.
What are the rules governing the standard of proof?
Prosecution has to prove the case against D
These are rules on the level to which the case has to be proved
The standard of proof in criminal cases is beyond reasonable doubt
Judge will direct and explain to the jury it should convict only if it’s sure of D’s guilt
What are the rules governing the burden of proof?
Accused person is presumed innocent until proven guilty.
Burden of proof is on the prosecution to prove guilt, proving both the actus reus and mens rea beyond reasonable doubt.
What is an important case on the principle of burden of proof?
Woolmiington v DPP (1935)
What points decided in Woolmington are regarded as ficed matters in English law?
- Prosecution must prove the case
- This rule applies to all crim cases
- Guilt must be proven beyond reasonable doubt
- A reasonable doubt might be raised by evidence from either the defence or the prosecution
