Theory 1 - Should Harm be basis for criminilising conduct

Question 1

What is the starting point for having criminal law?

Answer 1

Everyone has the right to be free from harm.

Question 2

What do non-fatal offences protect individuals from?

Answer 2

Physical harm from other people.

Question 3

What do regulatory offences typically address?

Answer 3

The risk of harm to the public.

Question 4

What is an example of conduct that regulatory offences may criminalise?

Answer 4

Conduct which causes pollution.

Question 5

What concept supports criminalising conduct to protect individuals from self-harm?

Answer 5

Paternalistic law.

Question 6

What is an example of a controlled substance that is illegal?

Answer 6

Heroin.

Question 7

What is the principle that conduct should be criminalised if it is morally wrong?

Answer 7

Legal moralism.

Question 8

What does legal moralism suggest about laws?

Answer 8

Laws may be used to regulate behaviour based on society’s moral views.

Question 9

What was the outcome of the case SHAW v DPP (1961)?

Answer 9

D was liable for conspiracy to corrupt public morals.

Question 10

True or False: In SHAW v DPP, physical harm was necessary for liability.

Answer 10

False.

Question 11

Fill in the blank: Regulatory offences usually involve _______ liability.

Answer 11

strict