week 1 Flashcards
(39 cards)
Who are the lecturers for the LW104 Criminal Law module?
Dr Karen Brennan, Dr Ebba Lekvall, Prof Audrey Guinchard, Dr Sabina Garahan
Module director is Dr Ebba Lekvall.
What is the core textbook for LW104 Criminal Law?
Smith, Hogan & Ormerod Essentials of Criminal Law (Law Trove)
This textbook is essential for understanding the principles of criminal law.
What is the focus of substantive criminal law?
How criminal liability (i.e. offences/defences) is defined
It does not cover how crimes are investigated, procedural law, or sentencing.
What is the main difference between civil law and criminal law according to Glanville Williams?
The legal consequences that may follow a wrongful act
The nature of the wrongful act may be the same in both cases.
What is civil law primarily concerned with?
Disputes between parties (individuals or entities)
It can involve contracts or torts for compensation.
What does criminal law aim to do?
Punish wrongs viewed as public wrongs against the state
The state prosecutes, not the victim.
List the purposes of criminal law.
- To forbid and prevent harmful conduct
- To subject to public control those disposed to commit crimes
- To safeguard faultless conduct
- To give fair warning of offences
- To differentiate between serious and minor offences
Based on the American Law Institute’s draft model Penal Code.
How are offences classified?
- By Source (common law or statutory)
- By mode of trial (summary; indictable; either way)
- By effect on the law of arrest
- By subject matter (against the person; against property; mixed offences)
- By fault-base (mens rea, negligence, strict liability)
Each classification helps in understanding the nature of the offence.
What are the two main elements of criminal liability?
Actus Reus and Mens Rea
Actus Reus refers to the guilty act, and Mens Rea refers to the guilty mind.
Define Actus Reus.
An act, omission or other event indicated in the definition of the crime, with any surrounding circumstances and required consequences
It encompasses all elements of the crime except the defendant’s state of mind.
What constitutes ‘conduct’ in Actus Reus?
- Acts
- Omissions
- State of affairs
- Surrounding circumstances
- Consequences
These elements must be present in the definition of a crime.
What is required to establish causation in result crimes?
A causal link between the defendant’s conduct and the result
For example, in murder, it must be proven that the defendant’s actions caused the victim’s death.
What is the ‘but for’ test in factual causation?
Has it been established that the result would not have occurred as & when it did but for D’s conduct?
This test helps determine if the defendant’s actions were a necessary condition for the result.
True or False: The state prosecutes in civil law.
False
In civil law, the victim may take action against the wrongdoer.
Fill in the blank: A crime is viewed as a public wrong against the _______.
state
This highlights the distinction between public and private wrongs.
What does mens rea refer to?
Guilty mind
It indicates the mental state of the defendant at the time of the offence.
What is the significance of the IRAC method in legal analysis?
Identify relevant parties and offence, establish legal rules, apply law to facts, conclude
This method helps in structuring legal arguments effectively.
What is the role of the Crown Prosecution Service (CPS)?
To prosecute criminal cases
The CPS handles most prosecutions in the criminal justice system.
What are the types of offences based on fault-base?
- Offences requiring proof of mens rea
- Offences satisfied by proof of negligence
- Strict liability offences
These categories help determine the level of culpability required for different crimes.
What must be established for factual causation?
Death would not have occurred when it did but for D’s act.
This means that if the result would have happened regardless of D’s actions, factual causation is not established.
Does D’s conduct need to be the only cause of death for liability?
No, D’s conduct does not need to be the sole or main cause.
Factual causation can still be met even if there are multiple contributing factors.
What is the difference between factual causation and legal causation?
Factual causation establishes a connection between D’s act and the result; legal causation determines the criminal liability.
Legal causation requires that D’s conduct be blameworthy and substantial.
What does ‘blameworthy’ mean in the context of legal causation?
The result must be caused by the defendant’s culpable conduct.
This was illustrated in the case of R v Dalloway.
What is the substantial contribution test in legal causation?
D’s conduct must have made a substantial contribution to the result.
It does not have to be the sole cause; it must be more than trivial.
