Principles Of Criminal Law

Question 1

What are the principles of criminal law?

Answer 1

The principles of criminal law are the key principles of criminal law, which form the foundation for understanding how criminal law is defined and punished in the legal system.

Question 2

What is the actus reus and men’s reus?

Answer 2

actus reus =the physical act of committing a crime, it can be a voluntary act or an omission. (R v Miller)
Men’s rea= the mental state of intention of the defendant at the time the crime was committed. There is two types on intention: direct and indirect and 2 other types of men’s rea: recklessness and negligence.

Question 3

What is causation and briefly describe the two types of causation?

Answer 3

Causation is establishing that the defendants actions cause the harm or result.
Factual causation: ‘but for’ test- the defendants actions must have caused the result as a fact (R v Padgett, R v white)
Legal causation: whether the defendants actions cause was a substantial and operative cause of the result. (Substantive= must be the main cause, operative= there must be no intervening acts (novus actus intervenes)

Question 4

What are defences?

Answer 4

Defences help the defendant to avoid or reduce criminal liability
The main defences used in criminal law are:
- self-defence
- insanity
- automatism
- intoxication
- duress

Question 5

What is strict liability?

Answer 5

Strict liability are crimes where the defendant can be found guilty even if they had no men’s rea

Question 6

What are the Types of crime?

Answer 6

Indictable- serious crimes that are usually tried in crown court
Summary offences- less serious crimes usually tried in the magistrates court
Triable either way offences- crimes that can be tried either in the magistrates or crown court depending on the seriousness of the offence