Criminal Law workshop 1

Question 1

What is a crime?

Answer 1

• behaviour which is recognised as deserving of punishment
• a public wrongdoing deserving of punishment
• something which is committed against society

Question 2

What are the reasons for criminalising behaviour?

Answer 2

• incapacitation
• rehabilitation
• deterrence
• other punishment
• protection

Question 3

What are the two approaches to criminalising behaviour?

Answer 3

• moralist approach

- utilitarian approach

Question 4

What is the moralist approach to criminalising behaviour?

Answer 4

• seeks to criminalise behaviour which is regarded as immoral, EVEN IF no harm has been done

Question 5

What is the utilitarian approach to criminalising behaviour?

Answer 5

• seeks to criminalise behaviour which is BOTH morally blameworthy and causes harm

Question 6

What is the rule of law

Answer 6

• there can be no criminal liability unless the conduct is prescribed by the law (conduct is part of a criminal offence)
• there can be no criminal liability unless the offender is convicted following a proper trial

Question 7

What is the classification for criminal offences?

Answer 7

• summary only offences
• either-way offences
• indictable only offences
• all offences start in the magistrates

Question 8

Summary offence

Answer 8

• can only be tried in magistrates
• less serious crimes
• minor assault

Question 9

Either -way offence

Answer 9

• can be tried by magistrates or crown
• middle range of offences
• theft, burglary, dangerous driving

Question 10

Indictable only offence

Answer 10

• only tried in the crown
• most serious crimes
• murder, rape

Question 11

Difference between crown and magistrates

Answer 11

• magistrates judge decides points of law and fact

- crown judge decides the point of law, jury decides the point of fact and decides if guilty or not guilty

Question 12

How is it decided whether a case will be tried in the magistrates or crown?

Answer 12

• magistrates have to consider its sentencing powers

- if they think the conviction deserved is outside of their sentencing powers, they will refer the case to the crown

Question 13

Who has the burden of proving a criminal offence

Answer 13

the PROSECUTION

- duty of the prosecution to prove the prisoner’s guilt

Question 14

Is there a burden of proof on the defence?

Answer 14

• there are some situations where the defendant has to prove a defence
• called evidential burden
• includes self-defence and insanity

Question 15

What is the standard of proof for the prosecution

Answer 15

beyond reasonable doubt

Question 16

What is the standard of proof for the defence

Answer 16

on a balance of probabilities

Question 17

Criminal Appeals - appeal against a conviction by the jury

Answer 17

if the court of appeal decides there was an error of law made by the judge, the conviction is quahsed

Question 18

Criminal Appeals - dismissed appeal?

Answer 18

COA can decide the conviction is safe

Question 19

Criminal Appeals - if conviction is quashed?

Answer 19

there is a general power to retrial

Question 20

Criminal Appeals - Crown cannot appeal against a not guilty verdict by jury

Answer 20

Attorney general can make a reference to the court of appeal to settle a point of law for the future

Question 21

What is the Criminal Cases Review Commission

Answer 21

• took over the role from the home secretary

- enquire into and possibly refer cases back to the court of appeal once the defendant has exhausted all normal avenues

Question 22

What are the key components of a criminal offence?

Answer 22

actus reus - guilty conduct

mens rea - guilty mind

Question 23

What are the different aspects to actus reus

Answer 23

INVOLVES DEFENDANT TAKING POSITIVE ACTION

• conduct
• consequence
• circumstance

Question 24

What is an omission?

Answer 24

failiure to act

Question 25

can you commit a crime for failing to act?

Answer 25

yes if you meet one of the 4 special circumstances?

Question 26

What are the four situations where there can be criminal liability for omission?

Answer 26

- special relationship - breach of a contractual duty - breach of statutory duty - dangerous situations

Question 27

What are conduct crimes

Answer 27

defendant has to behave in a certain way AND certain circumstances have to exist e.g. rape

Question 28

What are result crimes?

Answer 28

defendant has to behave in a certain way AND there has to be a certain consequence

Question 29

Differences between the breach of statutory duty and other duties e.g. contractual

Answer 29

breach of statutory duty - punished for the omission itself e.g. failing to stop at a traffic light breach of other duties - punished for the consequence of the omission

Question 30

Actus Reus - voluntary behaviour

Answer 30

conduct of the defendant must be voluntary for it to meet the requirement of actus reus

Question 31

Mens Rea

Answer 31

Guilty mind - intention : desire, purpose, goal - recklessness

Question 32

Direct intent

Answer 32

where there is a direct attack, the issue of intention is clear

Question 33

defence of automatism

Answer 33

a situation where defendant is blameless because their conduct was not voluntary

Question 34

Indirect / oblique intent

Answer 34

spin-off or side effect of the defendant's main purpose

Question 35

What are the conditions to be met for indirect intent

Answer 35

- was the consequence virtually certain to occur? - if so, did the defendant himself foresee the consequence as virtually certain to occur? - what a reasonable person would have foreseen is a good indication in deciding what the defendant did foresee

Question 36

what is ulterior intent

Answer 36

prosecution has to prove an extra element of mens rea - defendant intended to cause a consequence that went beyond the actus reus of a crime

Question 37

what is basic intent

Answer 37

either recklessness OR intention will suffice as mens rea

Question 38

what is specific intent

Answer 38

ONLY mens rea that will suffice is intention

Question 39

how is recklessness defined

Answer 39

AKA subjective recklessness, Cunningham recklessness - whether defendant foresaw a risk - still took the risk - the risk was unjustified

Question 40

what is transferred malice

Answer 40

if a defendant has the 'malice' - mens rea - to commit a crime against any person, this malice transfers to any unintended victim

Question 41

what is the condition for transferred malice

Answer 41

only works if the actus reus actually committed is the same type of crime as teh defendant originally had in mind

Question 42

what is negligence

Answer 42

'carelessness' - fail to meet the standards of a reasonable person

Question 43

what are strict liability offences?

Answer 43

defendant can be convicted of criminal offence without having mens rea/negligence

Question 44

general principles in crime

Answer 44

coincidence of mens rea and actus reus - actus reus and mens rea should coincide in time ignorance of law - claiming you were unaware something was illegal is never an acceptable defence mistake of fact - means defendant lacked knowledge required for mens rea