CRIMINAL LAW NOTES
Introduction to Criminal Law 3
Actus Reus 5
The Elements of a Crime
Definitions of Murder
Omission Liability
Duty to Act
Causation
Basic Intent Crimes 10
Mens Rea
Cunningham Test
Negligence
Mens Rea 12
Types of Offences
Types of Mens Rea
History of the meaning of intention
Voluntariness
Transferred Malice
Coincidence Principle
Single Transaction Approach
Strict Liability 16
Homicide 18
Voluntary Manslaughter & the Partial Defences 20
Provocation
Loss of Control
Diminished Responsibility
Suicide Pact
Involuntary Manslaughter 24
Unlawful Act Manslaughter
Gross Negligence Manslaughter
Corporate Manslaughter
Driving Causing Death
Infanticide
Non-Fatal Offences Against the Person 28
Harassment
Stalking
Common Assault and Battery
Assault Occasioning Actual Bodily Harm
Wounding or Inflicting Grievous Bodily Harm
Wounding or Causing GBH with intent
Hate Crimes
Consent
Denials of an Offence 34
Intoxication
Sane Automatism
Insanity
General Defences 39
Insanity
Duress
Self Defence
Necessity
1
,Inchoate Offences 47
Attempted
Conspiracy
Assisting or Encouraging
Participation 53
Complicity
Joint Enterprise
Property 58
Theft
Robbery
Burglary
Criminal Damage
Human Rights 64
Sexual Offences 68
Rape
Assault by Penetration
The Law on Consent
Sexual Assault
Causing A Person to Engage in Sexual Activity Without Consent
Rape of A Child
Assault of A Child Under 13 By Penetration
Rape of A Child Under 13
Sexual Assault of a Child Under 13
Causing or Inciting A Child Under 13 In Sexual Activity
Sexual Activity with A Child
Causing or Inciting A Child to Engage in Sexual Activity
Engaging in Sexual Activity in Front of A Child
Causing A Child to Watch A Sexual Act
Child Sex Offences Committed by A Child or Young Persons
Arranging the Commission Of A Child Sex Offence
Meeting A Child Following Sexual Grooming.
Practice Questions 80
2
, INTRODUCTION TO CRIMINAL LAW
Criminal Law
A particular social construction of, and response to, ‘deviance’ and ‘wrongdoing’
Who decides what is criminal? Parliament (statute) and Judges (common law)
Are they representative of No, only one woman in the HOL and most MPs are white
society?
Morality:
• Politics and morality are applied when there is a question of how a rule should be applied and to
whom
• What is immoral is not always the same as what is criminal - EG: a mother who steals to feed kids
These Moral-philosophical theories are used to explain/justify criminalisation:
Harm Principle: • Only when someone does harm to others should they be punished.
• Harm to self shouldn’t be punished
- EG: suicide is not an offence
Legal • The view that it is permissible for the state to legislate against ‘self-
Paternalism: regarding actions’ when necessary to prevent individuals from
inflicting physical or severe emotional harm on themselves
- EG: cases of sexual offences on children
• The law should look after us like a parent would
Offence • The law can legitimately be used to prohibit behaviours that conflict
Principle/ Legal with society’s moral judgements even when those behaviours don’t
Moralism: result in physical or psychological harm to others
- EG: criminalising homosexuality, banning the Niqab in France
Justification for Criminalisation:
• Deterrent?
- Hard to measure (we don’t know how many crimes would have been committed had there
been no law against it)
- There are conflicting views on ‘effectiveness’ of criminal law as a deterrent
Effects of criminalisation?
• Constructing social values – if something is illegal it will affect our social values
• Stigma – of being convicted of a crime
• The strong arm of the state (police, prison system)
• Constructs people as either ‘victims’ or ‘perpetrators’
• Upholding prevailing structures and power relations
• Alternatives to criminalisation?
- Abolitionism: community justice, meditation, transformative justice
Who is Who in Criminal Law?
The Police • Make arrests and gather evidence.
• Make an assessment and charge for release.
The CPS • CPS represents the state, Regina or R
• The CPS has a duty to review the evidence gathered by the police in
order to assess whether prosecution is viable
D and Defence • Their aim is to raise reasonable doubt within any essential element of
counsel/team the prosecution’s case.
• Where D wishes to raise a defence they must satisfy the evidential
burden.
The Jury • Only Crown Court trials involve a jury
• Made up of 12 people
• Decide matters of fact and not matters of law
The Judge/ • Decide matters of law only
Magistrates • In the MAGs court, a magistrate must make decisions on matters of law
and facts
3
Introduction to Criminal Law 3
Actus Reus 5
The Elements of a Crime
Definitions of Murder
Omission Liability
Duty to Act
Causation
Basic Intent Crimes 10
Mens Rea
Cunningham Test
Negligence
Mens Rea 12
Types of Offences
Types of Mens Rea
History of the meaning of intention
Voluntariness
Transferred Malice
Coincidence Principle
Single Transaction Approach
Strict Liability 16
Homicide 18
Voluntary Manslaughter & the Partial Defences 20
Provocation
Loss of Control
Diminished Responsibility
Suicide Pact
Involuntary Manslaughter 24
Unlawful Act Manslaughter
Gross Negligence Manslaughter
Corporate Manslaughter
Driving Causing Death
Infanticide
Non-Fatal Offences Against the Person 28
Harassment
Stalking
Common Assault and Battery
Assault Occasioning Actual Bodily Harm
Wounding or Inflicting Grievous Bodily Harm
Wounding or Causing GBH with intent
Hate Crimes
Consent
Denials of an Offence 34
Intoxication
Sane Automatism
Insanity
General Defences 39
Insanity
Duress
Self Defence
Necessity
1
,Inchoate Offences 47
Attempted
Conspiracy
Assisting or Encouraging
Participation 53
Complicity
Joint Enterprise
Property 58
Theft
Robbery
Burglary
Criminal Damage
Human Rights 64
Sexual Offences 68
Rape
Assault by Penetration
The Law on Consent
Sexual Assault
Causing A Person to Engage in Sexual Activity Without Consent
Rape of A Child
Assault of A Child Under 13 By Penetration
Rape of A Child Under 13
Sexual Assault of a Child Under 13
Causing or Inciting A Child Under 13 In Sexual Activity
Sexual Activity with A Child
Causing or Inciting A Child to Engage in Sexual Activity
Engaging in Sexual Activity in Front of A Child
Causing A Child to Watch A Sexual Act
Child Sex Offences Committed by A Child or Young Persons
Arranging the Commission Of A Child Sex Offence
Meeting A Child Following Sexual Grooming.
Practice Questions 80
2
, INTRODUCTION TO CRIMINAL LAW
Criminal Law
A particular social construction of, and response to, ‘deviance’ and ‘wrongdoing’
Who decides what is criminal? Parliament (statute) and Judges (common law)
Are they representative of No, only one woman in the HOL and most MPs are white
society?
Morality:
• Politics and morality are applied when there is a question of how a rule should be applied and to
whom
• What is immoral is not always the same as what is criminal - EG: a mother who steals to feed kids
These Moral-philosophical theories are used to explain/justify criminalisation:
Harm Principle: • Only when someone does harm to others should they be punished.
• Harm to self shouldn’t be punished
- EG: suicide is not an offence
Legal • The view that it is permissible for the state to legislate against ‘self-
Paternalism: regarding actions’ when necessary to prevent individuals from
inflicting physical or severe emotional harm on themselves
- EG: cases of sexual offences on children
• The law should look after us like a parent would
Offence • The law can legitimately be used to prohibit behaviours that conflict
Principle/ Legal with society’s moral judgements even when those behaviours don’t
Moralism: result in physical or psychological harm to others
- EG: criminalising homosexuality, banning the Niqab in France
Justification for Criminalisation:
• Deterrent?
- Hard to measure (we don’t know how many crimes would have been committed had there
been no law against it)
- There are conflicting views on ‘effectiveness’ of criminal law as a deterrent
Effects of criminalisation?
• Constructing social values – if something is illegal it will affect our social values
• Stigma – of being convicted of a crime
• The strong arm of the state (police, prison system)
• Constructs people as either ‘victims’ or ‘perpetrators’
• Upholding prevailing structures and power relations
• Alternatives to criminalisation?
- Abolitionism: community justice, meditation, transformative justice
Who is Who in Criminal Law?
The Police • Make arrests and gather evidence.
• Make an assessment and charge for release.
The CPS • CPS represents the state, Regina or R
• The CPS has a duty to review the evidence gathered by the police in
order to assess whether prosecution is viable
D and Defence • Their aim is to raise reasonable doubt within any essential element of
counsel/team the prosecution’s case.
• Where D wishes to raise a defence they must satisfy the evidential
burden.
The Jury • Only Crown Court trials involve a jury
• Made up of 12 people
• Decide matters of fact and not matters of law
The Judge/ • Decide matters of law only
Magistrates • In the MAGs court, a magistrate must make decisions on matters of law
and facts
3
