#3088 - Intro To Basic Principles Of Criminal Liability - GDL Criminal Law

- Criminal law: definitions + purpose.

• crime: public wrong – behaviour deemed unacceptable by society.

  • but not all wrongs = crimes: e.g. adultery.

• purpose of criminal law: regulation, prevention, punishment, clarity to protect: 1. society as a whole; 2. individual interests; 3. certain property rights.

• offences/crimes: set out ‘the rules’ – what is required to commit a public wrong.

- Criminal law: complex + evolving.

• historical context governs some principles: e.g. impossible to conspire with spouse.

• but: evolution: courts interpret law through case law + govt. updates law through amendments, repeals + creation of new offences.

  • e.g. marital rape: recognised as crime in 1991; homosexuality: decriminalised in 1967; defences for murder: Coroners and Justice Act 2009 replaced ‘provocation’ with ‘loss of control’.

- General principles of criminal justice: balance between protecting society + individual rights.

• rights of accused: innocent until proven guilty; fair trial; burden of proof on prosecution.

- Distinction between criminal and civil law.

• crime: public wrong – public interest in prevention of actions.

• tort or breach of contract: civil wrongs – private matter to be resolved between parties

  • only wronged party can bring claim (vs. crime: CPS on behalf of public).

  • remedy: damages to injured party or injunction (vs. crime: punishment by state).

• but: overlap – same action can be both crime + civil wrong (e.g. crime of battery + tort of trespass to the person).

- Burden and standard of proof: prosecution must prove crime ‘beyond reasonable doubt’.

• Woolmington v DPP [1935] AC 462: presumption of innocence first articulated.

  • Viscount Sankey: ‘golden thread’ in English Criminal Law.

• current jury direction: ‘how does the prosecution succeed in proving the defendant’s guilt? The answer is – by making you sure of it. Nothing less than that will do.’

• defences: most – burden still on prosecution to disprove beyond reasonable doubt.

  • some: burden on defendant civil standard: ‘balance of probabilities’

- Classification of offences: summary, indictable only, ‘either way’ determines trial court.

• summary offences: least serious (e.g. common assault) can only be tried in magistrates’ court (max. penalty: 12 months imprisonment + 5000 fine).

• indictable only offences: most serious can only be tried in Crown Court by judge + jury (max. penalty imposed by statute).

  • e.g. murder, manslaughter, GBH with intent, rape, robbery, blackmail.

• either way offences: seriousness dep. on facts of incident can be tried in either magistrates’ court or Crown Court.

  • decision: made by magistrates; or defendant can always opt for jury trial.

  • e.g. criminal damage (dep. on value), assault occasioning ABH, unlawful wounding, theft, fraud, burglary.

- Elements of criminal liability: actus reus, mens rea + absence of valid defence (Lanham).

• actus reus: action of the defendant prohibited by law – varies by offence.

  • conduct offences: law only requires certain acts, not harmful consequences.

    • e.g. fraud by false representation (s2 Fraud Act 2006): d. must simply make unture/misleading representation.

  • result offences: action must lead to specified consequence.

    • e.g. murder: d.’s actions must lead to death of victim.

    • causation: must be proved by prosecution in unbroken chain.

  • surrounding circumstances: sometimes required in addition to conduct/result.

    • e.g. theft (Theft Act 1968): property must be ‘belonging to another’.

  • omissions: in some offences, criminal liability arises from failure to act.

• mens rea: required mental element for the crime – varies by offence.

  • intention: d. must have intended a specified crime or result.

    • e.g. murder: d. must have intended to kill or cause GBH (R v Vickers).

  • recklessness: either intention or reckless as to whether result should occur – takes unjustifiable risk aware of danger.

    • e.g. criminal damage.

  • other words sometimes used:

    • malice: allows for intention or recklessness (e.g. s20 Offences Against the Person Act 1861).

    • knowledge/belief: e.g. Theft Act 1968: handling stolen goods if receives them ‘knowing or believing them to be stolen’ (R v Hall).

    • dishonesty: needed for most Theft Act offences – test: R v Ghosh.

  • more than 1 possible: e.g. criminal damage: intention or recklessness.

  • but: some offences – strict or absolute liability.

    • strict liability offences: mens rea not required for every element.

      • e.g. Cundy v LeCoq [1884]: s13 Licensing Act 1872 – no knowledge of drunkenness needed for offence of selling alcohol to intoxicated person.

    • absolute liability offences: no mens rea required at all.

      • e.g. R v Larsonneur [1933]; Winzar v Chief Constable of Kent [1983].

• coincidence of AR + MR needed: but circs. where deemed to be the case even when no specific coincidence.

• defences: justification or excuse for behaviour can negate liability.

  • general defences: applicable to almost any crime – e.g. self defence, intoxication, duress, necessity.

  • specific defences: only apply to specific crimes – e.g. murder: partial defences of loss of control + diminished responsibility.

- Legal analysis: ‘how to think like a lawyer’.

• distorted public perception: influenced by high-profile cases + fiction … + also reflect public morality: good shown conquering evil.

• in reality: criminal law technical – prosecution must systematically check + test the law prove all elements of offence beyond reasonable doubt.

• analysis of crime: series of questions.

  • 1. what must the defendant do to be guilty of the offence?

  • 2. what does the law (statue +...