1. Criminal Law A2
Mrs Howe

2. Objectives Understand what makes an offence Criminal
The role of criminal law in society
How criminal law works
Part 2
Explain the elements to be taken into account when deciding if the D had the required Actus Reus

3. What is a Crime Difficult to define a crime. Best way is
Conduct Forbidden by the state
For which there is a punishment
Supported by Lord Atkin in Proprietary Articles Trade Association v Attorney-General for Canada(1931) “Criminal quality of an act cannot be discerned by intuition nor can it be discovered by reference to any standard but one: is the act prohibited with penal consequences”

4. What is Crime Criminal law and offences are very difficult to define.
Offences against a person or property for which there is a consequence (punishment)

5. What is Considered a Crime
What is considered a crime will change over time. This can be caused by:-
Society views- Sexual Offences Act 1967
Technological advances- Road Traffic Offences, Internet Fraud, Pornography

6. The Role of The State
Criminal law is set down by state (parliament/House of Lords)
Can be set by:
European court but has to be incorporated into English Law
Judges through case law- Shaw V DPP (1962)
Breach of Criminal law leads to penalty
Imposed on defendant on behalf of the state.
Prosecution of Criminal cases is usually carried out by state, Crown Prosecution Service (CPS)
But can be started by individuals (rare) or organisations e.g. RSPCA
Always controlled by the state- Attorney General

7. Elements of a Crime
There are many different offences however all must have two elements:-
Actus reus- an act, omission or state of affairs
Mens rea – guilty mind
“Actus non facit reuem nisi mens sit rea” which means the act itself does not constitute guilt unless done with a guilty mind. Both an act (or omission) and a guilty mind must be proved for criminal offences
Actus Reus
Physical element +
Mens Rea
Mental element =
Offence

8. Defences Insanity automatism mistake self defence duress necessity and
Although the defendant may have done the required act there are a number of general defences (Common law) that may be available which will lead to a “not guilty” verdict
Insanity
automatism
mistake
self defence
duress
necessity and
intoxication
Defence to any offence
Not a defence to murder
Only where because of intoxication D did not have required specific intention for offence

9. Defences
Defendant only needs to raise some evidence of the key points of the defence
Woolmington V DPP (1935)
Exception- insanity
This can be from the evidence presented by the defence or prosecution

10. Standard and Burden of Proof
Defendant presumed innocent until proven guilty
Burden on prosecution to prove the case against the Defendant
Standard- is beyond reasonable doubt
Because defendant liberty could be at stake.
If a defence is raised burden on Prosecution to disprove defence
Reverse onus- for certain defences (insanity, diminished responsibility) burden of proof is on the Defendant – Standard is on balance or probabilities

11. Exception- Strict Liability-prosecution only need to prove actus rea
Causation-

12. Punishments Caution Fine Community service Imprisonment Tagging
Probation
Licence
Suspended sentence

13. Criminal Law and Human Rights
UK and 50 other Countries signed European Convention on Human Rights
It sets out Basic Human Rights people are entitled to expect
Although UK signed in 1950 it was not incorporated into English Law until 2000

15. Criminal Court System House of Lords Court of Appeal Crown Court
3 Judges
Crown Court
Judge and Jury of piers
Magistrates Court
One Magistrate
Three Magistrates

16. Case Law
Shaw V DPP (1962)
The defendant published a Ladies Directory which advertised the names and addresses of prostitutes with their photos and details of the services they were prepared to offer. He was charged with conspiracy to corrupt public morals. The House of Lords Accepted that there was an offence of conspiracy to corrupt public morals, as there did not appear to be any other offence which covered the situation

17. Case Law
Woolmington V DPP (1935) D’s wife had left him and gone to live with her mother. D went to the Mother’s house and shot his wife dead. He claimed that he had decided to ask his wife to come back to him and if she refused, that he would commit suicide. For this reason he was carrying under his coat a loaded sawn of shot gun. When his wife indicated that she would not return to him he threatened to shoot himself and brought the gun out to show her he meant it. A she brought it out it some how went off, killing his wife. He claimed that this was a pure accident. The judge at the trial told the jury that the prosecution had to prove beyond reasonable doubt that the defendant killed his wife. He then went onto tell them that if the prosecution satisfied them of that then the D had to show that there were circumstances which made that killing pure accident.
This put the burden of proof on to the D. In the House of Lords this held not to be correct

18. Task
Create a poster to explain the elements of a crime to 16 year olds.
Quality criteria
A4 size
Colourful
Easy to read

19. Task Create a poster to explain the criminal court structure.
Quality criteria
A4 size
Colourful
Easy to read
Includes all courts
Explain how courts are preceded over

20. Summary Crime is Conduct Forbidden by the state
For which there is a punishment
Crime must have two parts
Actus Reus (physical act) and
Mens Rea( guilty mind)
Case brought by or on behalf of state, CPS
But can be by individual (rare) or organisation (RSPCA)
Burden of proof on Prosecution, standard of proof beyond reasonable doubt.
Defences- Insanity, automatism, mistake, self defence (all crimes)
Duress, necessity (not murder) and intoxication but only where D could not have intent because of intoxification
Human rights-

21. Task
A Criminal Offence is very difficult to define. There are lots and lots of opinions on what makes an offence criminal and the role of criminal law in society.
Working in groups of 4 you have 15mins to read all the information given to you and make notes on the key points to explain what makes an action criminal and the role of criminal law today.

22. Next One group of four sit on the inside of the circle
The next group sit opposite a member of this group.
The group on the outside have 3 mins to explain what they have learnt about what makes a offence criminal.
Once the time is up you will move round and tell the next person what you have learnt
Once you have visited everyone in the group, the group swap over and the other group do the same thing.

23. Task
Create a mind map to record all the factors which are taken into account when deciding if an offence is criminal.

24. Task
Working in your groups you have 30 mins to create a poster to explain to your peers what makes an offence Criminal and how the Criminal Law operates.
At the end of the time the group must explain their poster to the rest of the class.

25. Bibliography
Martin.J, Criminal Law for A2, Hodder Arnold, London, 2006