The Rules and Principles of Criminal Law Flashcards
to learn all the cards in this deck
What is the definition of a crime?
‘an act that is forbidden by the state for which there is punishment’
Why is it that what considered criminal can change over time?
changing views in society and technology may lead to new offences e.g. sexual offences act 1967
what happens if you fail to observe the law?
can lead to state sanctions being imposed e.g. imprisonment or fine
why can some conduct be criminalised by judges in common law?
judges create new offences that have never been passed by parliament e.g. marital rape now a crime
what are the 2 elements that must be proved by prosecution
actus reus (physical element) - commit guilty act mens rea (mental element) - with guilty mind
what is the level to which the case has to be proved by the prosecution against the defendant?
beyond all reasonable doubt - defendant at risk of losing liberty if found guilty
who is the burden of proof on?
prosecution to prove case against defendant :
proves D has actus reus + mens rea.
what is the actus reuus?
physical element, or prohibited conduct of a crime i.e. guilty act
what does the actus reus of a crime depend on
whether offence is a conduct crime or a consequence crime
what are conduct crimes?
only require defendant to have done something, do not require any particular consequence e.g. perjury
what are consequence crimes?
require defendants prohibited conduct to have resulted in particular outcome and is concerned with the causation
why does the court require actus reus of a crime to be committed voluntarily?
defendant has no control over actions then he has not committed actus reus. absence of fault D usually not guilty e.g. Hill v Baxter (lost control of cars due to bees)
when can an actus reus be formed?
committing crime voluntarily and by a state of affairs for which defendant is responsible and omissions.
give an example of when an actus reus has been formed by a state of affairs for which defendant is responsible
being in possession of an offensive weapon in public place - D doesn’t need to have done anything but he has possession - sufficient for actus reus for be formed.
when can a state of affairs crime occur
defendant been convicted despite not having acted voluntarily e.g
Winzar v Chief Constable of Kent (1983)
defendant taken to hospital by friend whilst intoxicated.
Doctor realised nothing wrong, asked him to leave.
Later, found in hospital corridor.
Police removed him and put him in street.
Was then charged for being ‘found drunk on highway’
conviction upheld despite being taken to street by police
what is an omission?
failure to act.
Guilt for failure to act can arise due to which 2 separate areas of law?
statute law
common law
what is statutory duty?
some acts of parliament create liability for an omission e.g. failure to wear seatbelt
What is common law duty
Judges identify 5 situations where someone is under common law duty to act, failure to do so sufficient for actus reus
What is contractual duty and give a case example
Failure to carry out duty (persons contract requires them to act)
R v Pitwood
Pitwood employed as gatekeeper at railway crossing
Went for lunch leaving gate open, meaning road traffic could cross railway line
Cart crossing line hit by train - one man on cart killed
Pitwood convicted of man slaughter based on failure (omission) to carry out duty to close gate when train approaches