CRW1501 Exam Pack: Criminal Law
Concepts and Cases
Direct intention Purposefully aiming to achieve a specific result.
Indirect intention Foreseeing consequences as a byproduct of actions.
Dolus eventualis Acceptance of possible outcomes while pursuing a goal.
Mistake of unlawfulness Error regarding the legality of an action.
Mistake of fact Error about the nature of an act.
Aberratio ictusMistakenly hitting a different target than intended.
Error in subjecto Mistake regarding the identity of the victim.
Material mistake Significant error affecting liability or intention.
Bigamy Illegal act of marrying while already married.
Public interest crime Offense harming society as a whole.
Private interest delict Wrongdoing affecting individual rights or property.
State prosecution Legal action initiated by the government.
Private party action Legal claim initiated by an individual.
Criminal procedure Rules governing the prosecution of crimes.
Civil procedure Rules governing private legal disputes.
Voluntary conduct Actions taken with conscious control and intention.
Omission liability Failure to act when legally required to do so.
Definitional Elements Concise definition of conduct constituting an offence.
Unlawful Conduct Actions contrary to legal rules and norms.
Culpable Grounds for personal blameworthiness in actions.
Criminal Capacity Ability to understand wrongfulness of actions.
,Intentional Act Conduct performed with purpose or knowledge.
Negligent Act Conduct failing to meet reasonable care standards.
Corruption Receiving bribes in exchange for official misconduct.
Proportionality Principle Punishment must match the severity of the crime.
Theory of Retribution Punishment as an end, restoring legal balance.
Absolute Theory of Punishment Punishment justified by offender's just desert.
Relative Theories of Punishment Focus on secondary goals like deterrence or reformation.
Individual Deterrence Punishment aimed at preventing reoffending by the individual.
General Deterrence Punishment aimed at discouraging crime in society.
Preventive Theory of Punishment Protecting society from potential criminal acts.
Zinn Case Court decision emphasizing crime, criminal, and society's interests.
Seriousness of Crime Degree of harm considered in sentencing.
Reformative Theory Focus on rehabilitating the offender instead of punishment.
Community Service Alternative punishment aimed at reforming offenders.
Imprisonment Incarceration as a form of punishment.
Public Office Position of authority subject to ethical standards.
Clean Record Absence of prior criminal convictions.
Age and Health Considerations Factors influencing sentencing decisions for offenders.
State Prosecutor Legal representative arguing for the state in court.
Retributive Theory Punishment justified as just desert for wrongdoing.
Just Desert Philosophy that punishment is deserved based on crime.
Legal Balance Equilibrium between rights and obligations in society.
Culpability Requirement of liability based on mens rea.
, Mens Rea Mental state of intent during a crime.
Proportionality Principle Punishment must match severity of the crime.
Absolute Theory of Punishment Retribution is the only absolute punishment theory.
Relative Theories of Punishment Punishment serves secondary purposes beyond retribution.
Preventative Theory Aims to prevent future crimes through punishment.
Deterrent Theory Seeks to discourage crime by imposing penalties.
Reformative Theory Focuses on rehabilitating offenders for future integration.
Restoration of Legal Balance Restoring societal equilibrium disturbed by crime.
Severity of Punishment Must reflect the harm caused by the crime.
Chicken Theft Case Different punishments based on crime severity and history.
X1, X2, X3 Accused individuals with varying theft severity.
Previous Convictions Past offenses affecting sentencing severity.
4X4 Motor Vehicle Significantly higher value than stolen chicken.
General Deterrence Punishment discourages others from committing similar crimes.
Restorative Justice Focus on repairing harm caused by crime.
Secondary Ends of Punishment Future aims like prevention or deterrence.
Retrospective Focus Retribution looks back at past crimes only.
Obligations of SocietyMembers must respect others' rights for legal order.
Crime and Punishment Relationship Punishment serves to balance societal legal order.
General Deterrence Punishment aims to prevent future law violations.
Nullum Crimen Sine Lege No crime without law defining it.
Ius Acceptum Principle Conduct must be recognized as a crime.
Ius Praevium Principle Law must exist before conduct occurs.
Concepts and Cases
Direct intention Purposefully aiming to achieve a specific result.
Indirect intention Foreseeing consequences as a byproduct of actions.
Dolus eventualis Acceptance of possible outcomes while pursuing a goal.
Mistake of unlawfulness Error regarding the legality of an action.
Mistake of fact Error about the nature of an act.
Aberratio ictusMistakenly hitting a different target than intended.
Error in subjecto Mistake regarding the identity of the victim.
Material mistake Significant error affecting liability or intention.
Bigamy Illegal act of marrying while already married.
Public interest crime Offense harming society as a whole.
Private interest delict Wrongdoing affecting individual rights or property.
State prosecution Legal action initiated by the government.
Private party action Legal claim initiated by an individual.
Criminal procedure Rules governing the prosecution of crimes.
Civil procedure Rules governing private legal disputes.
Voluntary conduct Actions taken with conscious control and intention.
Omission liability Failure to act when legally required to do so.
Definitional Elements Concise definition of conduct constituting an offence.
Unlawful Conduct Actions contrary to legal rules and norms.
Culpable Grounds for personal blameworthiness in actions.
Criminal Capacity Ability to understand wrongfulness of actions.
,Intentional Act Conduct performed with purpose or knowledge.
Negligent Act Conduct failing to meet reasonable care standards.
Corruption Receiving bribes in exchange for official misconduct.
Proportionality Principle Punishment must match the severity of the crime.
Theory of Retribution Punishment as an end, restoring legal balance.
Absolute Theory of Punishment Punishment justified by offender's just desert.
Relative Theories of Punishment Focus on secondary goals like deterrence or reformation.
Individual Deterrence Punishment aimed at preventing reoffending by the individual.
General Deterrence Punishment aimed at discouraging crime in society.
Preventive Theory of Punishment Protecting society from potential criminal acts.
Zinn Case Court decision emphasizing crime, criminal, and society's interests.
Seriousness of Crime Degree of harm considered in sentencing.
Reformative Theory Focus on rehabilitating the offender instead of punishment.
Community Service Alternative punishment aimed at reforming offenders.
Imprisonment Incarceration as a form of punishment.
Public Office Position of authority subject to ethical standards.
Clean Record Absence of prior criminal convictions.
Age and Health Considerations Factors influencing sentencing decisions for offenders.
State Prosecutor Legal representative arguing for the state in court.
Retributive Theory Punishment justified as just desert for wrongdoing.
Just Desert Philosophy that punishment is deserved based on crime.
Legal Balance Equilibrium between rights and obligations in society.
Culpability Requirement of liability based on mens rea.
, Mens Rea Mental state of intent during a crime.
Proportionality Principle Punishment must match severity of the crime.
Absolute Theory of Punishment Retribution is the only absolute punishment theory.
Relative Theories of Punishment Punishment serves secondary purposes beyond retribution.
Preventative Theory Aims to prevent future crimes through punishment.
Deterrent Theory Seeks to discourage crime by imposing penalties.
Reformative Theory Focuses on rehabilitating offenders for future integration.
Restoration of Legal Balance Restoring societal equilibrium disturbed by crime.
Severity of Punishment Must reflect the harm caused by the crime.
Chicken Theft Case Different punishments based on crime severity and history.
X1, X2, X3 Accused individuals with varying theft severity.
Previous Convictions Past offenses affecting sentencing severity.
4X4 Motor Vehicle Significantly higher value than stolen chicken.
General Deterrence Punishment discourages others from committing similar crimes.
Restorative Justice Focus on repairing harm caused by crime.
Secondary Ends of Punishment Future aims like prevention or deterrence.
Retrospective Focus Retribution looks back at past crimes only.
Obligations of SocietyMembers must respect others' rights for legal order.
Crime and Punishment Relationship Punishment serves to balance societal legal order.
General Deterrence Punishment aims to prevent future law violations.
Nullum Crimen Sine Lege No crime without law defining it.
Ius Acceptum Principle Conduct must be recognized as a crime.
Ius Praevium Principle Law must exist before conduct occurs.
