18-Rules of criminal law Flashcards Preview

Year 1 A level Law AQA Textbook > 18-Rules of criminal law > Flashcards

Flashcards in 18-Rules of criminal law Deck (12)
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1
Q

What is the general definition of a crime?

A

Any conduct that is:
1) forbidden by the state

2) for which there is a punishment

2
Q

Who supports the general definition of a crime as any conduct that is forbidden by the state for which there is a punishment?

What case?

A

Lord Atkin

PATA v AG for Canada (1931)

3
Q

In the obiter dictum what did Lord Atkin support in the case of PATA v AG for Canada (1931)?

A

The general definition that a crime is:

Any conduct, forbidden by the state, for which there is a punishment.

4
Q

What case demonstrates that judges can criminalise conduct, not just Statutes?

A

Shaw v DPP (1962)

Facts: D published a ‘ladies directory’ for prostitutes which was considered ‘conspiracy to corrupt public morals’-at the time no statute stated this as an offence.

5
Q

Shaw v DPP (1962)

What does this case demonstrate regarding judges and criminal conduct?

A

Demonstrates: that judges can criminalise conduct, not just Statutes.

Facts: D published a ‘ladies directory’ for prostitutes which was considered ‘conspiracy to corrupt public morals’-at the time no statute stated this as an offence.

6
Q

What case demonstrates that judges can criminalise conduct that used to be considered non-criminal due to a change in society’s views?

A

R v R (1991)

Facts: D forced wife to have sex which was allowed but the judges accepted times had changed-marital rape is still rape.

7
Q

R v R (1991)

What does this case demonstrate regarding judges and criminalising conduct?

A

Demonstrates: that judges can criminalise conduct previously deemed to be acceptable.

Facts: D forced wife to have sex which was allowed but the judges accepted times had changed-marital rape is still rape.

8
Q

2 elements to each crime?

A

1) actus reus

2) mens rea

9
Q

What types of crimes do not have to have both actus reus and mens rea to be considered criminal conduct?

A

Strict liability offences

10
Q

An example of a strict liability offence?

A

Harrow LBC v Shah and Shah (1999)

Facts: D’s owned shop where lottery tickets were sold by members of staff to under aged people-considered strict liability offence no need for intent the crime occurred.

11
Q

What case shows that burden of proof in criminal cases is on the prosecution?

A

Woolmington v DPP (1935)

Facts: D shot wife by accident and judge directed he had to prove it was an accident-this was held to be incorrect.

12
Q

Woolmington v DPP (1935)

What does this case demonstrate regarding criminal cases?

A

That the burden of proof in criminal cases is on the prosecution.

Facts: D shot wife by accident and judge directed he had to prove it was an accident-this was held to be incorrect.