Criminal Law

A2

Mrs Howe

Objectives

Understand what makes an offence Criminal The role of criminal law in society How criminal law works

Part 2 Explain the elements to be taken into account

when deciding if the D had the required Actus Reus

What is a Crime

Difficult to define a crime. Best way is Conduct Forbidden by the state For which there is a punishmentSupported by Lord Atkin in Proprietary Articles

Trade Association v Attorney-General for Canada(1931) “Criminal quality of an act cannot be discerned by intuition nor can it be discovered by reference to any standard but one: is the act prohibited with penal consequences”

What is Crime

Criminal law and offences are very difficult to define.

Offences against a person or property for which there is a consequence (punishment)

What is Considered a Crime

What is considered a crime will change over time. This can be caused by:-

Society views- Sexual Offences Act 1967 Technological advances- Road Traffic

Offences, Internet Fraud, Pornography

The Role of The State Criminal law is set down by state (parliament/House of Lords) Can be set by:

European court but has to be incorporated into English Law Judges through case law- Shaw V DPP (1962)

Breach of Criminal law leads to penalty Imposed on defendant on behalf of the state. Prosecution of Criminal cases is usually carried out by state,

Crown Prosecution Service (CPS) But can be started by individuals (rare) or organisations e.g.

RSPCA Always controlled by the state- Attorney General

Elements of a Crime

There are many different offences however all must have two elements:- Actus reus- an act, omission or state of affairs Mens rea – guilty mind

Actus Reus

Physical element +Mens Rea

Mental element = Offence

“Actus non facit reuem nisi mens sit rea” which means the act itself does not constitute guilt unless done with a guilty mind. Both an act (or omission) and a guilty mind must be proved for criminal offences

Defences

Insanity automatism mistake self defence duress necessity and intoxication

Although the defendant may have done the required act there are a number of general defences (Common law) that may be available which will lead to a “not guilty” verdict

Defence to any offence

Not a defence to murder

Only where because of intoxication D did not have required specific intention for offence

Defences

Defendant only needs to raise some evidence of the key points of the defence

Woolmington V DPP (1935) Exception- insanity This can be from the evidence presented by

the defence or prosecution

Standard and Burden of Proof

Defendant presumed innocent until proven guilty Burden on prosecution to prove the case against the

Defendant Standard- is beyond reasonable doubt Because defendant liberty could be at stake. If a defence is raised burden on Prosecution to

disprove defence Reverse onus- for certain defences (insanity,

diminished responsibility) burden of proof is on the Defendant – Standard is on balance or probabilities

Exception- Strict Liability-prosecution only need to prove actus rea

Causation-

Punishments

Caution Fine Community service Imprisonment Tagging Probation Licence Suspended sentence

Criminal Law and Human Rights

UK and 50 other Countries signed European Convention on Human Rights

It sets out Basic Human Rights people are entitled to expect

Although UK signed in 1950 it was not incorporated into English Law until 2000

Criminal Court System

House of Lords

Court of Appeal

Crown Court

Magistrates Court One Magistrate

Three Magistrates

Judge and Jury of piers

3 Judges

Case Law

Shaw V DPP (1962) The defendant published a Ladies Directory which

advertised the names and addresses of prostitutes with their photos and details of the services they were prepared to offer. He was charged with conspiracy to corrupt public morals. The House of Lords Accepted that there was an offence of conspiracy to corrupt public morals, as there did not appear to be any other offence which covered the situation

Case Law

Woolmington V DPP (1935) D’s wife had left him and gone to live with her mother. D went to the Mother’s house and shot his wife dead. He claimed that he had decided to ask his wife to come back to him and if she refused, that he would commit suicide. For this reason he was carrying under his coat a loaded sawn of shot gun. When his wife indicated that she would not return to him he threatened to shoot himself and brought the gun out to show her he meant it. A she brought it out it some how went off, killing his wife. He claimed that this was a pure accident. The judge at the trial told the jury that the prosecution had to prove beyond reasonable doubt that the defendant killed his wife. He then went onto tell them that if the prosecution satisfied them of that then the D had to show that there were circumstances which made that killing pure accident.

This put the burden of proof on to the D. In the House of Lords this held not to be correct

Task

Create a poster to explain the elements of a crime to 16 year olds.

Quality criteria

A4 size

Colourful

Easy to read

Task

Create a poster to explain the criminal court structure.

Quality criteria

A4 size

Colourful

Easy to read

Includes all courts

Explain how courts are preceded over

Summary

Crime is Conduct Forbidden by the state For which there is a punishment

Crime must have two partsActus Reus (physical act) and Mens Rea( guilty mind)

Case brought by or on behalf of state, CPSBut can be by individual (rare) or organisation (RSPCA)Burden of proof on Prosecution, standard of proof beyond

reasonable doubt.Defences- Insanity, automatism, mistake, self defence (all crimes) Duress, necessity (not murder) and intoxication but only where

D could not have intent because of intoxificationHuman rights-

Task

A Criminal Offence is very difficult to define. There are lots and lots of opinions on what makes an offence criminal and the role of criminal law in society.

Working in groups of 4 you have 15mins to read all the information given to you and make notes on the key points to explain what makes an action criminal and the role of criminal law today.

Next

One group of four sit on the inside of the circleThe next group sit opposite a member of this group.The group on the outside have 3 mins to explain what

they have learnt about what makes a offence criminal.

Once the time is up you will move round and tell the next person what you have learnt

Once you have visited everyone in the group, the group swap over and the other group do the same thing.

Task

Create a mind map to record all the factors which are taken into account when deciding if an offence is criminal.

Task

Working in your groups you have 30 mins to create a poster to explain to your peers what makes an offence Criminal and how the Criminal Law operates.

At the end of the time the group must explain their poster to the rest of the class.

Bibliography

Martin.J, Criminal Law for A2, Hodder Arnold, London, 2006