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Criminal Law Module Summary
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Criminal LawLecture 1 – Introduction to Criminal Law and Actus Reus
Criminal Law
Why Criminalise Behaviour?
Most standardised reasons given fall under generalised headings.
The criminal law seeks to:
- Enforce moral values
- Punish those who deserve punishment
- Protect the public from harm
- Reform the offender
- Deter offenders and potential offenders
- Preserve order
- Protect vulnerable people from exploitation and corruption
- Morality
- Prevention of private or public harm
The purposes of punishment are set out in the Criminal Justice Act 2003, in s142.
(1) Any court dealing with an offender in respect of his offence must have regard to the
following purposes of sentencing –
(a) The punishment of offenders
(b) The reduction of crime, including its reduction by deterrence
(c) The reform and rehabilitation of offenders
(d) The protection of the public
(e) The making of reparation by offenders to persons affected by their offences
Many crimes are not discovered or reported to the police. A high proportion of known
offenders are never prosecuted by may get a caution from the police.
These mask the operation of political and economic rationales for criminalisation.
e.g. the legalisation of cannabis.
The criminal law does not stand alone. There is also procedure. There is a triangulation.
- The Criminal Law
- The Criminal Justice System
- Criminal Procedure
Sources of Criminal Law
- Legislation
- Common Law / Case Law
- Religion
- International and Regional Conventions
- Academic Writings, such as Blackstone and Archbold.
,Criminal Court Structure
Criminal cases are tried in either a Crown Court (CC) or a Magistrates Court (MC). Appeals
from the MC are generally heard in the CC and are rarely reported and so there is little
judicial guidance on the interpretation of, driving offences or minor assaults. Some cases are
decided by the House of Lords, or the Supreme Court. Most cases even reach the Court of
Appeal because the defendant appeals; some because of the Attorney General who refers
an acquittal.
All criminal offences start in a Magistrates Court. Here they tend to get high conviction
rates, as compared to offences concerning a jury.
In a Crown Court, you will get a jury, meaning that 12 people can decide on the sentence,
however in this court the offences are usually indicatable and have a higher sentence.
In a Magistrates Court, you would get up to 6 months for one offence and up to 12 months
for two offences, however they usually give more community orders and community
sentences. Every case in the Crown Court can go to appeal if there is an issue with the law or
an issue with the procedure in the trial. In the Magistrates Court, all cases can go for appeal.
In the High Court appeals only go by way of case stated appeals. Very few cases will go to
the Supreme Court.
The most serious cases are tried by a judge and a jury, and this has a considerable impact on
the development of trials in criminal law generally. It is often suggested that it was the
reluctance of juries to convict drivers who killed of manslaughter, which resulting in the
creation of the more minor offence of causing death by reckless driving. In England, few
cases result in jury trial; most cases which reach the CC result in guilty pleas and there is no
trial. Trial by jury can allow the law to be less precise than perhaps it should be.
Types of Offences:
- Summary
- Triable either way
- Indicatable
,Concept of offence is central. This provides legal authority for criminal justice agencies to
operate. A defendant can only be tried for a specific offence. Offence authorises the court to
hear cases and to lawfully convict and sentence the individual. The offence defined
elements of offence for the trial court. Offences exist on a statutory basis through
parliament, these are known as Acts of Parliament or through precedent, this is based on
courts decisions in the common law. The most serious offences are tried by a judge and a
jury and it is worth considering the impact that trial by jury has had on the development of
the criminal law as a whole. In England, few cases result in jury trial, most cases reaching the
Crown Courts result in guilty pleas and there is no trial. Trial by jury allows the law to be less
precise then it should be.
Elements of an Offence
- Actus reus (the physical element)
- Men’s rea (the mental element)
- No defence
Some offences do not require the men’s rea. These are known as offences of strict liability,
such as speeding.
Proving the elements
Every offence contains certain elements; police, prosecutors, defence lawyers, courts and
law students must know how an offence is defined by law. Each and every element must be
proved beyond reasonable doubt by the prosecution.
Woolmington v DPP (1925)
This is outlined in the judge’s handbook.
For example, Section 1 of the Theft Act 1968.
The basic definition of theft is (1) a person is guilty of theft is he dishonestly appropriates
property belonging to another with the intention or permanently depriving the other of it,
and ‘thief’ and ‘steal’ shall be construed accordingly.
- Dishonestly (MR)
- Appropriates (AR)
- Property (AR)
- Belonging to another (AR)
- Intention of permanently (MR)
Another example includes;
Section 2 Fraud Act 2006
2 Fraud by false representation
�1) A person is in breach of this section if he –
(a) Dishonestly makes a false representation, and
(b) Intends by making the representation –
(i) To make a gain for himself or another, or
(ii) To cause lose to another or to expose another to risk of loss
Dishonestly
Makes a false representation
Intends to make a gain, cause a loss or expose another to risk
, Actus Reus – the physical element
The actus reus is more than an act, it could include the type of conduct, circumstance or
result. This sometimes leads to classifying crimes as conduct crimes. E.g. perjury
Result crimes, e.g. Murder and state of affairs (circumstances) crime e.g. Possession of
controlled drugs (status).
To define the actus reus for an offence it is important to examine the specific terms of the
offence as defined by statute or common law.
Actus Reus = Conduct + Circumstances + Result
The actus reus must be voluntary.
There is a fundamental pre-supposition that the belief and respect for individual’s autonomy
and right to choose. ‘Unless a man has the capacity and fair opportunity to adjust his
behaviour to the law its penalties ought not to be applied to him ‘HLA Hart Punishment and
Responsibility.’
This could consist of grounds for defence. If one is not in control of his or her own body for
e.g. automatism (unconscious acts, spasms, reflex actions, convulsions) or insanity, or
events outside of your control, known as external factors.
Causation
An important element of liability is being responsible. Causation by positive act. Causation
by omission. There are two types of causation.
Factual causation (but for test)
- But for the defendants act or omission, the victim would not have in the current
state, or would the same result have happened.
- Factual test is too wide, needs limits.
The defendant must be shown to have caused the death of the victim.
R v White (1910) the defendant tried to poison his mother by putting cyanide in her drink
and giving it to her. She died of a heart attack before the poison could affect her. He was
guilty of attempted murder as he still purchased the poison with the intent to kill her. The
prosecution must prove that the death is the result of poison and not another cause.
If the defendant had factually caused the result, the defendant had also legally cause it if a
reasonable person would have foreseen that such a result would have occurred. The
concentration was lower than necessary to kill a person who consumed it. Medical evidence
therefore showed that the death was not due to the poisoning. The victim was found dead
with a wine glass next to her. That wine glass contained cyanide and there was evidence to
show that the defendant had recently purchased cyanide.
Legal causation (operating and substantial)
- Was the defendants act or omission the operating and substantial cause of the
victims condition?
R v Roberts (1971) the victim seeks to escape from a moving car, due to the driver trying to
make unwanted sexual advances against her. The act of escaping was unreasonable. A
reasonable person may well have foreseen that the victim would act in this manner.
R v Paggett (1983) the defendant was being chased by the police. He used the victim, a
young girl, as a human shield to protect him from the police firing at him. The police shot at
him and hit the girl, killing her.
R v Williams and Davis (1992) – the defendant gave lift to victim who he then tried to rob.
The victim jumps from the moving car. Was the victim’s response within the range of
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