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rules and theory - Coggle Diagram
rules and theory
outline the rules of criminal law
defining crime
Lord Atkin defined crime in Proprietary Articles Trade Association v Attorney General for Canada (1931) as 'the act prohibited with penal consequences'
therefore there as two features to a crime
the act must be prohibited, i.e. it must be forbidden by the state
the act must attract penal consequences, i.e. it must be punished by the state
there are many different types of crime, but all will have these two points in common
'punished' means that the state must have provided a maximum or mandatory sentence to be imposed if a person is convicted of a criminal offence
usually the state will create a crime by passing an Act of Parliament, for example the Coroners and Justice Act 2009. sometimes crimes are created by the common law using the doctrine of precedent, for example the law of murder has never been set down by Parliament but has been developed over time by judges
criminal liability
defending crime- removing liability
although the defendant may have committed the actus reus, without the mens rea they generally cannot be guilty. so if someone kills another person, but does not, or cannot, intend to kill them, they cannot be guilty of murder
in addition, there are a number of general defences that may be available even if the defendant has both the actus reus and mens rea. these will lead to a 'not guilty' verdict
defences can be split into two categories known as
mental capacity defences- insanity, automatism and intoxication
general defences- self-defence, duress by threats or of circumstances, necessity and consent
proving criminal liability
burden of proof
a defendant is innocent until proven guilty. this means that it is the prosecution's responsibility to provide evidence in court that the defendant had both the actus reus and mens rea of the offence with which they have been charged
standard of proof
the prosecution must provide evidence of the defendant's guilt 'beyond all reasonable doubt'. this means that the jury or magistrates- depending on how serious the offence is and the type of court dealing with the case- should only convict if they are satisfied on the evidence that they are sure of the defendant's guilt.
this is a higher standard than in civil law, as here a person's liberty is at stake
the fundamental principle of English criminal law was stated by Edward Coke in the seventeenth century as 'actus non facit reum nisi mens sit rea'. this means 'an act is not guilty unless the mind is also guilty
as a consequence most crimes will have both:
an actus reus (AR)- a guilty act, and
a mens rea (MR)- a guilty mind
these two elements must generally occur at the same time in order for a crime to have been committed
overview of the theory of criminal law
theory of criminal liability
harm as the basis for criminalising conduct
autonomy and individual responsibility
principles in formulating rules of criminal law