Summary
Criminal law summary
This document contains 18 summarised chapters with the most important information about criminal law assessments supported by the relevant cases. ( book Criminal law- Richard Card & Jill Molloy)
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Some examples from this set of practice questions
1.
1. What is the definition of a crime and what are the different views concerning the purpose of criminal law?
Answer: The traditional definition of a crime would focus on ‘an act or omission or state of affairs which contravenes the law and which may be followed by a prosecution in criminal proceedings.
2.
Why and how did the Supreme Court in Jogee and Ruddock v Queen 2016 change the law concerning secondary party liability?
Answer: The court held that in order to prove accessorial liability, it was not sufficient to only prove the necessary mental element, but also the element of conduct. This could be discharged by proving that the accessory either assisted or at least encouraged the principal in committing the offence. The mental element is discharged by proving that the accessory intended to so assist or encourage the principal. The mental element however is not discharged by mere foresight that the principal might commit an offence.
3.
How is a fair trial established in the Criminal Justice System?
Answer: The golden thread prescribed by Viscount Sankey in Woolmington v DPP 1935 requires that the state has the burden of proof to prove liability and the standard for this is beyond reasonable doubt.
4.
How are crimes such as murder classified in terms of actus reus requirements?
Answer: Murder requires the initial conduct or omission (such a stab wound) but also requires death as a consequence of the stab wound. Therefore, without death there is no murder.
5.
How are crimes such as theft classified in terms of actus reus requirements?
Answer: Theft only requires the conduct of an appropriation (assuming the rights of ownership). There is no additional requirement. In other words you do not actually have to do anything with the property.
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