LAW PAPER 1:SECTION B- CRIMINAL LAW
Rules:
There is no single definition of a crime
• dictionary definition- Conduct forbidden by the state, for which there is a punishment
• Lord Atkin- a prohibited act with penal consequences
• Herbert Packer- conduct which is wrong
• it must be necessary to condemn or prevent that conduct
The purpose of the law:
• protect individuals
• preserve order in society
• punish offenders
• enforce moral values
Basic Elements of a Crime:
“Element” means “part” of a crime (offence)
Most crimes have two basic elements which the prosecution have to prove to the
jury/magistrates beyond reasonable doubt that the defendant satisfies the elements/parts of the
particular crime (guilty of the offence).
The 2 elements are:
• Actus Reus(the physical part of the crime) i.e. what D has done or does not do
• Mens Rea (the guilty mind/required state of mind) i.e. it is usually defendant’s “intention” or
“recklessness as to the consequences of their act”
Some crimes/offences are made by Parliament and their definitions (which gives details of their
MR and AR are contained in the statute/act of Parliament. Judges in cases through a system
called Judicial Precedent (or the Common Law) have made some crimes/offences.
The role of the state in criminal law:
• Many criminal offences are contained within an Act of Parliament. These offences are created
or defined by the state e.g. The Theft Act 1968, The Criminal Attempts Act 1981 etc.
• The state (Crown) prosecutes the majority of criminal offences and imposes penalties
(sentences) if the defendant is guilt.
The role judges in criminal law:
• Most offences are criminalised by the state (Parliament).
• Judges criminalise some behaviour.
• Judges can create offences in cases.
• In the case of DPP v Shaw (1962), the House of Lords (then the final national appeal court)
created an offence of “conspiring to corrupt public morals”. In the 1960’s (in the days well
before the internet!), the defendant had created a directory of prostitutes which provided their
names, telephone numbers and the services they would perform.
• In the case of R v R (1991), the House of Lords said that society’s views of women had
changed. They were no longer their husbands’ property. Husbands and wives were now equal
Rules:
There is no single definition of a crime
• dictionary definition- Conduct forbidden by the state, for which there is a punishment
• Lord Atkin- a prohibited act with penal consequences
• Herbert Packer- conduct which is wrong
• it must be necessary to condemn or prevent that conduct
The purpose of the law:
• protect individuals
• preserve order in society
• punish offenders
• enforce moral values
Basic Elements of a Crime:
“Element” means “part” of a crime (offence)
Most crimes have two basic elements which the prosecution have to prove to the
jury/magistrates beyond reasonable doubt that the defendant satisfies the elements/parts of the
particular crime (guilty of the offence).
The 2 elements are:
• Actus Reus(the physical part of the crime) i.e. what D has done or does not do
• Mens Rea (the guilty mind/required state of mind) i.e. it is usually defendant’s “intention” or
“recklessness as to the consequences of their act”
Some crimes/offences are made by Parliament and their definitions (which gives details of their
MR and AR are contained in the statute/act of Parliament. Judges in cases through a system
called Judicial Precedent (or the Common Law) have made some crimes/offences.
The role of the state in criminal law:
• Many criminal offences are contained within an Act of Parliament. These offences are created
or defined by the state e.g. The Theft Act 1968, The Criminal Attempts Act 1981 etc.
• The state (Crown) prosecutes the majority of criminal offences and imposes penalties
(sentences) if the defendant is guilt.
The role judges in criminal law:
• Most offences are criminalised by the state (Parliament).
• Judges criminalise some behaviour.
• Judges can create offences in cases.
• In the case of DPP v Shaw (1962), the House of Lords (then the final national appeal court)
created an offence of “conspiring to corrupt public morals”. In the 1960’s (in the days well
before the internet!), the defendant had created a directory of prostitutes which provided their
names, telephone numbers and the services they would perform.
• In the case of R v R (1991), the House of Lords said that society’s views of women had
changed. They were no longer their husbands’ property. Husbands and wives were now equal
