CRIMINAL LAW
MANUAL
What will I achieve by studying this study manual?
• Key general principles of criminal law, especially: a crime can be split up into
constituent elements, all of which must be present before someone can be found guilty
of that crime (Unit 1)
• Certain offences against the person (eg rape and assault): sub 1 on non-fatal, non-sexual
offences against the person, and Sub 2 on certain sexual offences. How some
defendants can avoid criminal liability by relying on a valid defence, especially the
controversial defence of consent to assaults (Unit 2)
• Homicide offences, a term used to cover a variety of crimes where a victim has been
killed. Murder and different manslaughter offences (eg corporate manslaughter),
specific situations when a defendant may raise diminished responsibility or loss of
control as partial defences to a murder charge (Unit 3)
• Most important offences against property. Sub 1 on theft and offences committed by
fraud, Sub 2 on burglary and robbery, crimes which combine elements of offences
against property with offences against the person (Unit 4)
• How the scope of criminal liability is widened to include certain ‘incomplete’ offences
(attempt, conspiracy and encouraging or assisting crime) and to deal with those who
help others to commit a crime (‘accomplices’). Offence of attempt and at the complex
area of accomplice liability (Unit 5)
• Consolidate (Unit 6)
UNIT 1
THINKING ABOUT CRIMINAL LAW– GENERAL
PRINCIPLES AND HOW THEY APPLY IN PRACTICE
Learning outcomes:
• social and practical context and technical nature of criminal law and how the criminal
justice system operates.
• definition of a crime and identify the actus reus and mens rea elements.
• law relating to acts, omissions and states of affairs.
• law relating to intention, recklessness, negligence, strict liability and related mens rea
issues, and the historical development of the principles of intention and recklessness.
• offences of simple and aggravated criminal damage and the defence of lawful excuse,
and problem questions.
1. Introduction
The whole of the criminal justice system covers criminal procedure, the law of evidence, the
law relating to sentencing and the substantive criminal law.
→ This course considers the elements that need to be present in order to convict a person of a
particular crime and any possible defences that could be raised to avoid conviction.
When is someone liable for a crime and when may he avoid criminal liability?
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,A large part of substantive criminal law is based on decisions made by the appeal courts →
criminal appeal system (importance of the decisions of the appeal courts to the substantive law)
Current law and proposals for change of law and give an opinion (eg on euthanasia).
Vital skills: statutory interpretation, the critical reading of cases, an ability to state and explain
your opinion and solving legal problems.
2. What is a crime?
How to know whether or not someone committed a criminal offence: first find out what
happened and secondly decide whether that behaviour constitutes a crime.
→ Definitions of different criminal offences
Debate in definition of crime
Many define it as something which is committed against society: a public wrong deserving of
punishment rather than, for example, simply a redress via the civil law where compensation
would be paid by the wrongdoer but usually no other penalty imposed by way of punishment.
Sometimes: overlap between criminal and civil offences.
→ Differences between Civil and Criminal Cases
Difference? Civil matters Criminal matters
Who starts the proceedings? Usually, court proceedings Proceedings are usually
are started by the ‘victim’ - brought by a public official,
the person who suffered the often the Crown Prosecution
loss (the ‘claimant’). Service (CPS).
Who decides to stop The claimant can discontinue Criminal cases can proceed
proceedings (eg if the victim civil matters at any stage, eg to a trial even if the victim
changes his mind and does if he has a change of heart or does not want the matter to
not want to go on)? accepts a settlement offered be taken any further. Trials
by the defendant. Most civil and a final verdict are the
matters are settled, rather norm in criminal cases.
than proceeding to a full
court hearing.
What sanctions can be Usually, financial sanctions Criminal sanctions are
imposed, and what is their are imposed and are designed designed to meet a number of
function? to compensate the victim. different requirements: to
punish offenders, to reduce
crime (including by
deterrence), to reform and
rehabilitate offenders, to
protect the public and to
enable offenders to make
reparation to persons
affected by their offences.
Imprisonment, community
sentences such as doing
unpaid work, and fines (paid
to the court) can all be
imposed.
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, 2.1 Why Criminalise Certain Behaviour?
Main ‘goal’ of criminalisation is often said to be the protection of society, (deterrence from
behaving in unacceptable or potentially dangerous way to members of society if people know
they will be punished for such behaviour).
Other goal: punish those who have caused harm or loss either to people or to property.
Many criminal offences were created as a reaction to public opinion (eg increased legislation
on the possession of knives, and a strengthening of law of corporate manslaughter).
ALSO conduct can be decriminalised as a result of changing public opinion (eg lowering the
age of consent for homosexuals).
→ HENCE criminal law should reflect the opinions and beliefs of society generally as to what
should and should not be classed as criminal behaviour.
Two main schools of thought on reasons for criminalization (even if influenced by our own
experiences and moral/ religious views):
• The moralist approach
o seeks to criminalise conduct which is regarded as morally blameworthy even if
no harm has been caused
o often criticised as an invasion of privacy where no harm has been caused
• The utilitarian approach
o Followed by most crimes today (most serious crimes)
o seeks to criminalise conduct which, in addition to being blameworthy, also
causes identifiable harm (eg: rape, murder, assault, theft and criminal damage)
o so in most cases criminal behaviour is both blameworthy and potentially
harmful DIFFERENT from moralist approach there is no need for specific harm
to be identified
operation of these two schools of thought in the judgments of the House of Lords in R v Brown
[1994] 1 AC 212
3. The Rule of Law
Rule of law = everyone within a state is subject to the same laws
Rule of Law in criminal law = fundamental principle that there should be no criminal liability
except for conduct specifically prescribed by law.
This is why offences should not be created to have retrospective effect
The fundamental principle of criminal law is that it should be clear and that any ambiguity
should be interpreted in favour of the defendant.
→ There can be no criminal liability unless the defendant is convicted following a proper trial
according to the law and the penalty on conviction must be within the limits prescribed by law.
4. The classification of offences
All criminal cases begin in the magistrates’ court, but final trial venue depends on type of crime
with which the defendant is charged (and possibly on where defendant wants to be tried).
Some criminal trials take place before a judge and jury in the Crown Court and others will take
place in the magistrates’ court.
All criminal cases are classified as (classification primarily governed by s 17 of the
Magistrates’ Courts Act 1980):
• Summary only
• Either-way
• Indictable only
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, 4.1 Summary Only Offences
• Less serious crimes
• Must be tried in magistrates’ court and cannot be tried in the Crown Court
o 3 lay judges (no legal qualifications) who rely on legal adviser on points of law
OR by 1 district judge (qualified solicitor or barrister)
• Recently: increased pressure to force more cases to be tried in the magistrates’ courts
as it is quicker and less expensive HENCE some offences have been classified as
summary only despite being quite serious → important to identify them
4.2 Either-way Offences
• Middle range of offences which could be tried in magistrates’ court or in Crown Court
• Include theft (other than low-value shoplifting), dangerous driving, burglary and certain
types of assault
• ss 18-22 of the Magistrates’ Court Act 1980 lay down final venue for the trial of either
way offences
o provided that defendant pleads not guilty: final venue for trial will depend
initially on whether the magistrates’ court is prepared to deal with the case (able
to deal with complexity of case and if feel like they have adequate sentencing
powers)
o if decide they are not able to, defendant tried at Crown Court (eg if magistrates
think he deserves higher sentence) (max sentence magistrates can give is 6
months imprisonment)
o if decide they are able to, then defendant can decide where to be tried (he may
decide to go to crown court because wide belief that jury is more sympathetic)
o in crown court: judge decides on all issues of law but jury decides on facts of
case (guilty or acquitted) → different from magistrates who decide both on law
and facts
4.3 Indictable Only Offences
• Most serious crimes
• Eg: murder, rape and robbery
• Crown Court before judge and jury
5. Burden of Proof and Standard of Proof
Guilt of the defendant is determined by assessing the evidence put before the court.
Cannot convict a person of an offence which he denies committing unless there is evidence to
prove that he committed the criminal behaviour in question. In most cases, there also needs to
be proof that the defendant committed the criminal behaviour with a guilty state of mind.
Who has the Burden of Proving a Criminal Offence?
• The burden of proving that a defendant is guilty of a criminal offence normally rests
with the prosecution (the case is normally prosecuted in the name of the Crown).
(golden thread)
• This burden extends to proving the guilty conduct and necessary state of mind required
to establish the criminal offence and also to disproving any potential defences which
might be available to the defendant.
• Woolmington v DPP [1935] AC 462:
o defendant was charged with murder, having killed his wife by shooting her
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