Classifying Crimes

Question 1

Whta is the purpose of criminal law

Answer 1

The Role: Governs the interaction between a state and its citizens.

It exists as a method of social control enforced by the State.

Monitors behaviour which a civilised society regards as being reprehensible/unacceptable by the public.

Charleton/McDermott: Criminal law punishes only when a person is truly blameworthy for serious wrongdoing.

Question 2

Distinction between criminal law and private law

Criminal law

Answer 2

Public law.

The individual against whom the allegations are made is being prosecuted by the State on behalf of the public.

If convicted, they will be subjected to court-imposed sanctions which are prescribed by law.

Crucial social dimension.

Serves an important condemnatory function: Shows you what is unacceptable.
Enforcement by public bodies.

Question 3

Civil Wromgs

Answer 3

Civil Wrongs:

Harm the interest of a particular party.

The act of prosecuting is undertaken by the victim rather than the state.

Tort: Concerns private rights only; therefore, enforcement is largely in the hands of individuals.

NB: Civil law provides remedies for victims, and Criminal law prescribes punishment for the offender.

Question 4

Factors to consider

Answer 4

Factors to consider:

The moral quality of the action.

Criminal law: Subjective approach, focus on the defendant’s mental state.

Civil law: Objective approach, looks to the behaviour of the defendant, not their intention.

Irish Law:

The distinction is significant as it determines the procedural protections that are at play.

Safeguards provided by Article 38.1: No one shall be tried on a criminal charge, save in due course of law.

Question 5

Standard of proof

Answer 5

Standard of proof:

Criminal: Elements of the crime must be proved beyond a reasonable doubt by the prosecution.

Civil: The wrongdoing must merely be established on the balance of probability.

Rationale: The presumption of innocence stemming from Article 38.1.

Question 6

3 exceptional circumstances where burden of proof on defendant

Answer 6

1. The Defences of Insanity/ Diminished Responsibility
2. The Peculiar knowledge principle
3. Statutory Exceptions- Presumptions about proof that apply to certain offences- where some facts aren’t clear.

Question 7

what role should victim have in sentencing state case

Answer 7

DPP v Duffy

Question 8

DPP v Duffy

Answer 8

Facts: Appellant pleaded guilty to causing serious harm under s.4 Non-Fatal Offences Against the Person Act.
Trial court: sentenced to 4 years imprisonment, fully suspended on condition of compensation payment to the victim.

DPP: Applealed sentence due to undue leniency.

CoA: Unduly lenient, resentenced to 4 years with the final 3 years suspended.

Main Questions:
What role should the views of a victim play in sentencing?
How should offers of financial compensation by an accused be treated in sentencing?

Held: SC: Upheld CoA.
Compensation can be mitigating if it demonstrates a genuine expression of remorse and acknowledges responsibility for the harm caused.
NB: However, compensation doesn’t guarantee the avoidance of jail time.
The courts must be cautious of money ‘buying’ leniency.
Larger offers DO NOT equal greater remorse.

Conclusion: Victim’s views on sentencing are not determinative.
Sentencing remains a matter for the court.
The impact on the victim is considered only in assessing the gravity of the offence.

Question 9

Case on inidica of criminal offence

Answer 9

Melling v O’Mathgamaha

Question 10

Melling v Omathgamaha

Answer 10

Melling v O’Mathghamhna [1962] IR 1

Facts: Commercial traveller charged with 15 counts of smuggling butter under S186 of the Customs Consolidation Act.

Held: Unanimous agreement that the charges were criminal in character.

Defining a crime:

Lavery J: The procedural nature and possible outcome of the proceedings.
O’Dalaigh J: The vocabulary/terminology used.
Kingsmille Moore J: Punitive rather than compensatory nature of the sanction/ nature of the offence against he community at large/ the requirement of mens rea/guilty mind.

Question 11

Definitng features of crime

Answer 11

Wrong that attracts punishment

Wrongdoing against community at large

Wrongdoing that involves a me ns rea

Described in the vocabulary of the criminal law

Question 12

Wrong that attracts punishment

eExplain and state cases

Answer 12

If the law prescribes punishment for those who engage in certain wrongdoing, then such a wrongdoing is determined to be criminal.
Punishment normally means a term of imprisonment or a fine.
Note: Not all punishments are criminal; torts can also lead to punitive damages, but tort law mainly compensates victims while criminal law punishes offenders.

McLoughlin v Tuite

O’keefe v ferris

Question 13

McLoughlin v Tuite

Answer 13

Facts: Failed to file income tax returns.
Received a £500 penalty.
PL argued that the relevant legislation was invalid as it imposed a criminal penalty.

Held: It was not a crime as no mens rea was required to be found guilty.

Question 14

O’keefe v ferris

Answer 14

Facts: Concerned an offence under section 297(1) of the Companies Act.

Held: making a person liable for company debts was a civil sanction, not criminal.
Fraud can appear in both civil and criminal contexts, but not all fraud-related provisions are criminal.

Question 15

Wrongdoing against the community at large

Answer 15

Prosecution of crimes are undertaken by the DPP.
The role of the victim in the prosecution is to act as a witness.

Question 16

Wrongdoing that involves a mens rea

Answer 16

Almost all prosecutions for crime will require proof of a mens rea.

Must prove that the perpetrator acted intentionally, recklessly or knowingly.

Question 17

Wrongdoing that is described in vocabulary of criminal law

state case

Answer 17

Vocabulary: Fine/ summary conviction/ conviction/indictment.

DPP v Boyle [1993] ILRM 128

Question 18

DPP v Boyle

Answer 18

Facts: Section 24 of the Finance Act described the failure of a bookmaker to pay duty on bets as an ‘offence’.
Penalty: Summary conviction of £500.

Held: Based on the vocabulary used by the legislature, this particular wrongdoing was a crime.

Question 19

What makes a legal proceeding criminal in naure, explain and state cases

Answer 19

Defendant enjoys various procedural safeguards provided by Article 38.1 that are not enjoyed by defendants in non-criminal proceedings.

Goodman v Hamilton (No.1) [1992] 2 IR 543

Gilligan v Criminal Assets Bureau [2001] 4 IR 113,

Question 20

Goodman v Hamilton (No.1) [1992] 2 IR 543

Answer 20

Held: A Tribunal of Inquiry is not a criminal trial, even if it investigates alleged crimes.
Finlay C.J. explained that a true criminal trial must:
Be before a court with the power to punish.
Involve a prosecutor and an accused.
Its purpose is either acquittal or punishment.

Question 21

Gilligan v Criminal Assets Bureau [2001] 4 IR 113

Answer 21

Facts: PL argued that the forfeiture system of drugs was criminal in nature.

Held: Rejected by SC on the following grounds:
The proceedings under the Act were in rem (against property) as opposed to in personam (against a person); a truly criminal proceeding is against the person, not against property.
The procedure applicable under the 1996 Act is not criminal in nature, as it does not permit the arrest of a person being prosecuted under it.
A person who is successfully prosecuted under the 1996 Act is not punished by forfeiture of property, as the court is merely taking from him what is not his in the first place.

Conclusion: The proceedings were not penalising the person for committing the drug trafficking but were seeking to recover the value of the benefit accrued from the trafficking.

Question 22

What are the classifications of crime

Answer 22

1. minor offences

arrestable offences

serious offences

Question 23

Minor offence

Answer 23

1. Minor Offences

A38.2: May be tried by courts of summary jurisdiction.
It can be tried summarily in the DC without a jury.

Definition of Minor Offence:
Not defined in the Constitution.

Melling v O’Mathghamhna [1962] IR 1

Held: Factors to consider:
The maximum punishment that may be imposed upon conviction.
The moral quality of the conduct alleged on the part of the accused.

Question 24

Arrestable offence

Answer 24

2. Arrestable Offences

Section 4 of the CLA 1997:
The person suspected of committing the crime may be arrested without an arrest warrant.

Section 2(1) of the CLA 1997:
An offence is arrestable if those convicted of committing the offence may be punished
by at least 5 years imprisonment, and includes an attempt to commit any such offence.

Note: Overlaps with definitions of serious or summary offences.

Question 25

Serious offence

Answer 25

AG v O’Callaghan [1966] IR 50 Held: 2 Grounds where bail could be refused: The likelihood that the accused would run away if released on bail. Likelihood that the accused, if released on bail, would interfere with witnesses or tamper with evidence. Section 2(1) of the Bail Act 1997: Bail can be refused to prevent the commission of a serious offence by that person. Section 1(1) of the Bail Act 1997: A serious offence may be punished by at least 5 years’ imprisonment.

Question 26

Elements of a crime

Answer 26

Actus Reus: Guilty act The physical/external element of the crime. If there is no guilty act, there is no crime. Mens Rea: Guilty mind The designated accompanying state of mind. In the absence of any form of guilty mind, there is no conviction. Actus reus + mens rea are the core of criminal liability. Presumption: each element of actus reus requires proof of corresponding mens rea (except in strict liability). Haughton v Smith: An act does not make a man guilty of a crime unless his mind is also guilty. Both must coincide in time. Actus reus must be voluntary; no liability if the accused had no control. The Prosecution must prove: Actus reus + mens rea. They coincided. A voluntary, intentional act caused the result. Must disprove any defences raised on behalf of the accused.