Includes the following topics:
- Rules and theory of criminal law.
- Actus reus.
- Mens rea.
- Causation.
- No fault strict liability.
- Assault.
- Battery.
- ABH.
- GBH.
- Murder.
- Loss of control.
- Diminished responsibility.
- Unlawful act manslaughter.
- Gross negligence mansla...
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Laatste update van het document: 5 maanden geleden
HARM AS THE BASIS FOR CRIMINALISING CONDUCT:
- Criminal justice system keeps people free from harm.
- This is why we have the following crimes: murder, manslaughter and non-fatal offences.
- A reason for criminalising behaviour is to maintain public security.
- Regulatory offences (strict liability) are also in place to provide security and control.
PATERNALISTIC LAW:
- These laws restrict your freedom.
- However, arguably all criminal laws are paternalistic.
- Protect you from harming yourself.
+ For example, drug related offences (supply and use of cocaine and heroin) as
these are very addictive substances.
- In regards to nicotine, cigarettes and vapes, there is a fine line between societal norms
of acceptable behaviour and conduct that is criminalised.
+ Arguably, laws do restrict vapes and cigarettes by applying age limits.
- Drugs are criminalised while vapes and cigarettes are not because you can still function
with a sound mind after having inhaled them.
+ However, nicotine can sometimes cause headaches or blurred vision which may
make it difficult to function.
IN THE PRIVATE DOMAIN:
- There are legal inconsistencies with drinking at home.
- R v Brown: everyone has a right to consent to the infliction upon himself of bodily harm
not accounting to a maim.
LEGAL MORALISM:
- This is based on society’s collective judgement.
- Based on the idea of morality.
- Lord Hobhouse in R v Hinks said ‘an essential function of criminal law is to define the
boundary between what conduct is criminal and what is merely immoral.’
AUTONOMY OF THE INDIVIDUAL:
- Criminal law limits autonomy only when necessary to limit harm.
- Idea behind criminal law is to hold people responsible for their actions.
+ For instance, with euthanasia being illegal in the UK.
- Those under 18 or with mental disorders have limited autonomy. Criminal law protects
these groups because they are seen as unable to make mature and responsible
decisions.
FAULT:
- The law will assume people are responsible for their actions except:
+ Those who are underage: less than 10 years old cannot be prosecuted.
+ Involuntary acts: accidents, mistakes or duress.
+ Legally recognised defence: defendant is not to blame.
,INDIVIDUAL RESPONSIBILITY:
- A person is not responsible for a crime committed by another person unless they
contributed.
- Attempting, assisting, aiding or abetting the commission of the crime counts as joint
enterprise.
FAIR LABELLING:
- The idea that every offence should correctly describe the crime committed.
- The law needs to be clear and accessible in accordance with the rule of law.
- Moral stigma is attached to certain crimes.
+ For example, murder would make it difficult to find a job.
- Unfair to label someone a murderer if they did not intend to kill.
- Must be able to differentiate levels of harm.
+ For example, GBH and ABH.
CORRESPONDING:
- Actus reus and mens rea need to correspond.
- For example, for theft, the defendant must appropriate property belonging to another
dishonesty and with the intention to permanently deprive.
- However, for unlawful act manslaughter, the actus reus and mens rea do not match. The
mens rea does not recognise the opportunity of death, it only focuses on the mens rea of
the unlawful act, which could be something as simple as battery.
MAXIMUM CERTAINTY:
- The law should be as certain as possible. If people do not know what constitutes a
crime, it is unfair to hold them liable for it.
- R v Misra: challenged the elements of gross negligence manslaughter to say that they
were not certain. They also relied on a Law Commission report which stated this and that
the area of law failed to meet the standard of certainty required by the ECHR.
+ Their appeal was rejected as Adomako had made the elements of the offence
clear.
NO RETROSPECTIVE LIABILITY:
- European Convention on Human Rights at Article 7(1): if the conduct is not
criminalised as an offence at the time of the offender committing it, it is unfair to convict
them of the offence.
- This prevents the government from making laws to purposely make a person guilty.
- There is presumption that a statute is not intended to have a retrospective effect.
, ACTUS REUS
ACTUS REUS:
- An act, omission or state of affairs that is the voluntary prohibited conduct of an offence,
which causes the consequence stated in law (guilty act)
CONDUCT CRIMES:
- In this type of crime, the crime is the prohibited conduct itself (e.g: s5(a) Road Traffic
Act - driving with excess alcohol in bloodstream).
CONSEQUENCE CRIMES:
- Sometimes, the actus reus must directly cause the consequence.
- The actus reus is only committed when the defendant does or fails to do something and
this conduct causes a consequence.
- For example, s47 Offences Against the Person Act: threat of unlawful force that
causes ABH.
STATE OF AFFAIRS CRIMES:
- Offender is being rather than doing (e.g: s1 Prevention of Crime Act: being in public
with an offensive weapon).
- Defendant does not have to do anything with the weapon, nor does it need to be visible;
they just need to be in possession of it.
- R v Larsonneur: however, there are situations where the defendant has been convicted
even though they did not act voluntarily.
VOLUNTARY NATURE OF ACTUS REUS:
- Hill v Baxter: if someone has no control over their behaviour, they have not committed
actus reus.
'GOOD SAMARITAN' LAW:
- Not applicable in UK law
- Person is responsible for helping others in emergency situations even if they are
strangers
- Problems:
+ Helpers may put themselves at risk while helping someone.
+ What is defined as an emergency situation and who decides this?
+ Untrained people can bring more harm to a person than good.
OMISSIONS:
- Omissions cannot make a person guilty of an offence (e.g: not saving someone from
drowning).
RULES OF OMISSIONS:
- Omissions can only make a person guilty of an offence is one of the following applies:
+ Statutory duty.
+ Contractual duty.
+ Duty because of a relationship.
+ Duty which has been taken on voluntarily.
+ Duty through one's official position.
+ Duty which arises because the defendant has set in motion a chain of events.
, STATUTORY DUTY:
- You have a statutory obligation to do something as it is within public interest (e.g: s6
Road Traffic Act).
CONTRACTUAL DUTY:
- R v Pittwood: contractually obliged to fulfil a duty of care (e.g: lifeguard keeping watch
at a pool/beach).
DUTY BECAUSE OF A RELATIONSHIP:
- R v Gibbins & Proctor: parent has a duty towards their child and child has a duty
towards their elderly parents/carer.
DUTY UNDERTAKEN VOLUNTARILY:
- R v Stone & Dobinson: a duty relationship where someone has voluntarily undertaken
to look after someone else.
DUTY THROUGH ONE’S OFFICIAL POSITION:
- Duty to the public (e.g: Stephen Lawrence investigation).
DUTY BECAUSE DEFENDANT HAS SET IN MOTION A CHAIN OF EVENTS:
- DPP v Santa-Bermudez: defendant has caused the issue and then failed to act upon it,
knowing that there would be danger (taking reasonable steps to initially prevent
something)
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