flowing from the continuing act. According to the Court of Appeal in Pagett and Cheshire the issue of factual causation is mainly one for the Law Notes ... dramatic and fascinating issues of criminal law. Against the Person Act?" omission to act may constitute actus reus. Principle of Minimal criminalisation- Criminal law should only prohibit something if absolutely necessary and that it is bad enough to warrant criminal proceedings. act in a way that was free, voluntary and informed. which became criminal from the moment the intention was formed to produce the apprehension which was The decision in Empress is perhaps best explained in terms of public policy So the jury were not invited to make any finding as to this. extinguish the fire or prevent damage to such property by that fire?” Individual deterrence aims to stop the individual from re-offending by punishing him. refusal to extinguish it, establishing the requisite mens rea and actus reus requirements. Principle of Legality- should be defined clearly. ��_�:�U�!X'�d2dcm��{Ae�# 阐3߱cw^���g{� ���lL�XN-�>�\�.��rY��� s*ÈPf[t`�0WM�IGM�c�\}?��� �hf�W`;"�橤B)�ɡE���0���#���U��@k was granted by the Court of Appeal who certified that the following question of law of general public After This summary contains: 1. Sexual Offences Rape Assault by Penetration Sexual Assault etc. <>stream The Criminal Law Cram Notes are formatted into a step-by-step guide, which you can use as a checklist in your exams to ensure that every element of the exam question is answered. Choose from our range of Law Notes and revision materials, all prepared by top students during their studies.. injuries were inflicted during consensual homosexual sadomasochist activities. but only the omission or failure to remove the wheel as soon as he was asked. An evidential burden of proof is that the party must, introduce sufficient evidence to establish the reasonable possibility that a particular issue is true. completed, fails to assist the victim with the intent that the victim should suffer. his conduct that consisted of his lighting and smoking a cigarette while lying on his mattress and falling asleep towards the officer and stopped the car with the front wheel on the officer's left foot. It is argued that thereafter there was no act on the part of the appellant which could constitute an actus reus; Criminal law 1. Code would also uphold the doctrine of the separation of powers. Wounding or Causing Grievous Bodily Harm with Intent (s18 OAPA) - UK Criminal Law by Claire Rose Hanson. INTRODUCTION The term 'Crime' denotes an unlawful act and this unlawful act is punishable by a state. The justices were in Framework for which liability may be established: The significance of victims in criminal law is raised by the Human Rights Act 1998. We would dismiss this appeal. Compare facts: 1 0 obj law else criminal law could impinge on autonomy and justifies censure(should be responsible for all It could be found that Mercutio’s act was of negligible which appear morally neutral e.g. The justices found that the defendant had. Simester The courts could reach the following outcomes: If evidence that victim died Read More Contract Law. criminal law exam notes elements to offences: an important principle under the common law is that person may not be criminally responsible for an offence unless.  Principle of Minimal criminalisation- Criminal law should only prohibit something if absolutely accidentally starts a fire and thereafter, intending to destroy or damage property belonging to another or speeding.  Should fox hunting be criminalised...autonomy wise it is the hunters carrying out an activity and the foot into an assault. v. Restorative justice, Non consequentialist theory is the retributive theory.  Principle of responsibility- Should be guilty in respect of conduct for which they are responsible. The plaintiff usually seeks monetary damages 2. Regarding the harm principle, it should be looked into as to whether harm is Resolving disputes. For our part, we cannot regard such conduct as mere omission or inactivity. Such offences may either have originated in statute or are Rules of attribution- directed at juries/judges telling them what they should convict the guilty for. B. It describes what the defendant must be proved to ?�u���$X�Y���B,�b�$Ѓ˷+0M�����]מS�JE�� w�8�ӌ���+S8i@V�ʼ�u�;�]�q5��%i.��"V���w��T�uOǗ���v8j��Î#9����X6������0�=��&���ϡc�|}ׅ[�.Z�Z�s�y[�j'� Murder is a common law offence; this means that it is law created through the process of judicial precedent rather than statutes issued by Parliament. victim acting fully informed and deliberate would not break the chain of causation while in Kennedy No2, the the victim’s lung was pierced resulting in the needing of a blood transfusion which was refused due to, Jehovah’s witness beliefs.  Principle of proportionality- The sentence accorded to a crime should reflect the seriousness of the rely upon as being reckless was his state of mind during that part of his conduct after he awoke to find that he Sign in Register; Hide. Criminal Law and Procedure 01 - Introduction Page 4 of 19 a) Formal rules (logical, formal reasoning; principles, definitions) b) Bureaucratic institutions (trial, police, prison) Previously, the trial was the pinnacle of the criminal process, and controlled both the other major parts of the criminal process. guilty of gross negligence manslaughter if he finds out that his victim has become seriously ill but does nothing Without criminal law, there would be chaos and uncertainty. Feinberg suggests focusing of the victim’s loss of opportunity. Romeo’s act foreseeable. Some of the most important crimes have their source in the common law. concerns over tile control of pollution but unfortunately their Lordships appeared to confuse culpability and act does not break the chain of causation unless extraordinary as opposed to an ordinary occurance. The weakness of this approach was that it could be extended to certain acts Fagan: The defendant, who had received instructions from a police officer with regard to parking, drove causation can be established through the ‘but for’ test.  Proof that the defendant did a particular act Ashworth separates the elements of the offence using four requirements:  Act and causation requirements S6 requires public authorities to act in a way which is compatible with convention rights. Law Notes. not carry with it the sense of condemnation that a criminal sanction does. result. destroyed or damaged shall be guilty of an offence ... (3) An offence committed under this section by  The Harm Principle- John Mill, the utilitarian approach. had set his mattress on fire and that it was smouldering, but did not then take any steps either to try to Setalvad, Esq. Act 1971: “(1) A person who without lawful excuse destroys or damages any property belonging to another It is estimated that only 6%, of crimes committed result in a conviction so statistics on the number of convictions are a poor guide as to, Human Rights Act – S3 requires judges to interpret legislation in a way that is compatible with the ECHR as far, as possible. Principles that govern parliament’s decisions on criminalisation:  Autonomy- justifies the existence of law, restricts the extent of law and justifies censure. maintained the wheel of the car on the foot and (4) used words indicating the intention of keeping the wheel 532, but leave to appeal to your Lordship's House wish as long as it does not harm others. award of damages as such within a civil court may signify that the person is responsible for that loss but does I. 2. Detailed summary from LLB Law first year lectures and aided by the textbook. This summary contains: 1. Actus Reus 2. Mens Rea 3. Murder Defences 4. Manslaughter Defences 5. Non-Fatal Offences Against the Person … Procedural definitions are those which define crimes as acts Secondly, an act and subsequent omission constitute a collective actus Criminal Law Exam Notes - Lecture notes, lectures 1 - 12 - Exam Notes Exam Notes. Have a look at the year wise past papers of Criminal Law LL.B Part 1. In the R v Brown: The five appellants were convicted Also the Court of Appeal in R v Evans has now ruled that the supplier may instead be These notes cover all the LLB criminal law cases and so are perfect for anyone doing an LLB in the UK or a great supplement for those doing LLBs abroad, whether that be in Ireland, Hong Kong or Malaysia (University of London). circular, it is criminal if it is criminal? General deterrence aims to ‘deter’ other appeal was dismissed (1982) 75 Cr.App.R. had told him to get off and convicted the defendant of an assault. Principle of responsibility- Should be guilty in respect of conduct for which they are responsible. Thus, most students will be familiar with what each offence is. The officer repeated several times: “Get off, you are on my foot”; and the defendant then slowly When establishing legal causation, the accused need A. Ashworth, “Is the Criminal Law a Lost Cause?” (2000) 116 LQR 225 Topics The study of the criminal law is the study of liability. actus reus was in fact the set of events, starting with the time the fire was set, and ending with the reckless Our study notes (Cram Notes), Model Exams and Online Tutors are here to help you throughout your time at Law school. negligence. general public importance: "Where A wounds or assaults B occasioning him actual bodily harm in the Criminal Law Week puts all the information you need at your fingertips. The law lecture notes below were written by our expert writers, as a learning aid to help you with your studies. Glanville Williams. General deterrence The law makes it possible to resolve conflicts and disputes between quarreling citizens. duty theory, now prefers that of the continuous act. WRITING CASE NOTES AND CASE COMMENTS1 Jessica Giles, Law Lecturer, The Open University Contents 1. 7. unknown and the entire contents of the tank ran into the drum, overflowed into the yard and passed down Fagan: On the facts found the action of the appellant may have been initially unintentional, but the time came Principle of proportionality- The sentence accorded to a crime should reflect the seriousness of the … In the context of this case, if the autonomy interpretation taken, it might Therefore, an Our Cram Notes are short, concise, simple and detailed Law notes for all Law subjects. Criminal Law notes fully updated for recent exams at Oxford and Cambridge. that Mercutio broke the chain of causation because acts in accordance to moral obligation do not. 3b. Here you’ll find all year wise past papers of Criminal Law of LL.B Part 1. English criminal law concerns offences, their prevention and the consequences, in England and Wales.Criminal conduct is considered to be a wrong against the whole of a community, rather than just the private individuals affected. one's power to counteract a danger that one has oneself created, if at the time of such conduct one's state of Upon appeal to the House of Lords, Lord Diplock stated: "I see no rational ground for excluding from conduct  Proof that the act caused a particular result censure is attached to criminal penalties which clearly distinguish criminal wrongs from any others. constituting a battery which at its inception was not criminal because there was no element of intention, but Miller: From his conviction he appealed to the Court of Appeal upon the ground, which is one of law alone, Depending on the circumstances, (Absence of) defence- Defences thought to be in 3 main groups; exemptions, justifications, excuses. Personal deterrence intending to destroy or damage any such property or being reckless as to whether any such property would be Courts, sentencing and tribunals. Please sign in or register to post comments. )>�p^�Y����&. use of the word “responsibility,” rather than “duty” which is more appropriate to civil than to criminal law another room and fell asleep again. Browse: Crime, justice and the law A to Z. It should be noted that this can be deemed a criticism (this will be discussed later). has not been a unanimous decision on the issue of causation. Punishment is justified because the offender deserved, Chapter Two- Actus Reus: The conduct element. CRIMINAL LAW NISHTHA GUPTA 12- H 2. The trial judge ruled 1961 British Justice: The Scottish Contribution by Professor T. B. Smith 1962 Lawyer and Litigant in England by The Hon. Disadvantages: Obsession with consistency and that the benefits of the code are overemphasised. Criminal law is made up of thousands of different offences, ranging from serious offences such as rape and murder, to regulatory offences such as using a mobile phone while driving. Download Criminal Law Uk Notes Pdf. Very few of the thousands of criminal offences will be explored on this website, but … English criminal law refers to the body of law in the jurisdiction of England and Wales which deals with crimes and their consequences, and which is complementary to the civil law … individual freedom. property belonging to another will be damaged, both theories lead to an identical result; and since what your Neither our company nor our products are officially affiliated with any of the institutions listed. By section 1 of the Criminal Damage Criminal Law is compulsory and sixth paper in LL.B part 1 examination. This Criminal Law collection includes 8 study guides which cover the following topics: Murder and Manslaughter, Theft and Fraud, Sexual Offences and more, with multiple subtopics inside each of the main topic areas. On appeal therefrom to the House of Lords. Law Lecture Notes. reus. and amendment. Introduction Learning outcomes 2. This may be, for example, intention, recklessness or wish as long as it does not harm others. being reckless as to whether any such property would be destroyed or damaged, fails to take any steps to Criticism is that this definition in asleep while smoking it. the bad things done as well as the good ones). The There have been inconsistency and different confusing views as regards the principles of causation. Rules of conduct- tell you clearly what you can and cannot do. The important case of Environment Agency v Empress Car Co.Ltd fits uneasily with the general principle Criminal Law gives you understanding about what are crimes and its various punishments in eye of Law.  Principle of fair labelling: The description of the crime should match the act of the crime. the drain into the river. The Court of Appeal upheld the convictions and certified the following point of law of which may have made sense when they were first passed. University. the person to whom the endangered property 2) Mens rea: the mental element of the offence. Culpability- required to show that the defendant was blameworthy in the harming of others and that the, defendant was capable of acting differently from the way that they did. An overview of criminal law including free notes, case summaries, and helpful past papers and questions. 1960 The Common Law in India byM.C. Rehabilitation capable of giving rise to criminal liability, conduct which consists of failing to take measures that lie within The fallacy of the appellant's argument is that it seeks to equate the facts of  The Harm Principle- John Mill, the utilitarian approach. Enables us to decide whether the defendant was to blame for his/her wrongful acts. of voluntariness expressed in Latif. “Get off, you are on my foot.” The engine of the car stopped running and the defendant used abusive language Summary Summary Criminal Law Revision Notes. – Sheldrake, i. liable to punishment by the State itself. defendants must take their victims as they find them. Definition of Murder. Arguments in favour of a code: 1) Accessibility-Any, member of the publican find out what the current state of law is through the one document and 2) Certainty-, clearly stated rule as to whether the person is guilty avoids the common law approach of having vague. body through the medium of the car was in contact with the officer, (2) switched off the ignition of the car, (3) “Whether the actus reus of the offence of arson is present when a defendant 3) Efficiency- make the courts more efficient, 4) Consistency- In drafting the code contradictions and, ambiguities can be removed, 5) Updating- provides the opportunity to rid the law of old fashioned offences. That failure, it is said, could not in law be an assault, nor could it in law provide the necessary mens rea to convert the original act of mounting informed and responsible adult and therefore would break the chain of causation. Incapacitation With civil law damages are imposed with the aim to compensate the injured party for loss suffered whereas with criminal law the aim is to punish the offender and deter others from carrying out the same acts. The Actus Reus ,originating from the Latin for "Guilty Act", is one of the basic criminal elements needed to commit a crime. for this purpose adopt the duty theory as being the easier to explain to a jury; though I would commend the jury once it has been determined by the courts that there is enough evidence to be left to them. Criminal Law Revision Notes Elements of Criminal Law Reading J. This rule states that. Law: X's actions toward Y may constitute homicide, which pursuant to s 277 is unlawful killing of a person. Lordships are concerned with is to give guidance to trial judges in their task of summing up to juries, I would Miller: the prosecution did not rely upon the state of mind of the accused as being reckless during that part of under s.23 of OAPA and thus of UAM if he later dies. Criminal law provides predictability, letting people know what to expect from others. He did not Criminal Law is one of the essential core subject areas required for a qualifying law degree. UK CRIMINAL LAW lawskool.co.uk © Deterrence Deterrence broadly means punishment to stop someone from re-offending.  Proof that the act or result occurred in certain circumstances by many academics. Detailed summary from LLB Law first year lectures and aided by the textbook. A natural event is said to not cause the breaking of the chain of causation. when knowing that the wheel was on the officer's foot the appellant (1) remained seated in the car so that his Actus Reus 2. destroying or damaging property by fire shall be charged as arson”. that the consent of the victim conferred no defence and the appellants thus pleaded guilty and However, the majority of criminal offences are now statute based. extinguish it himself or to send for the fire brigade, but simply went into the other room to resume his. There was an act crimes criminalised by the state. could, without punishment, interfere with my right to live my life how I wish), restricts the extent of Crime is around us in many forms and it is a feature of everyday news. appealed. There are two types of deterrence: individual and general. as a result of both injuries Mercutio and Romeo could be found to have caused the death. done an act which sets in train events that, when he becomes aware of them, present an obvious risk that us what we can and cannot do. Criminal code- Should the government produce a code.  Autonomy- the right to live one’s life as one likes- justifies the existence of law(without law, people Factual Civil Law--governs relationship between individuals or corporations in a society 1. malpractice suits, ownership disputes, breach of contract, etc. and Sullivan argue that the state intervenes with the criminal law to protect citizens when people are unable Marlowe’s injury was once Juliet was already dead- unconnected. What is crime: Farmer’s definition- “Modern definitions of crime fall into two categories, the moral and the  Capacity and fault requirements A persuasive burden of, proof is where the party must prove the matter at issue. Protecting individuals and property. Criminal law notes 1. The officer said: 4:16. 2d- Did the HL decide on the same ground as the DC? Criminal Law 1. 10/11/2016 0 Comments English criminal law - Wikipedia, the free encyclopedia. of arson contrary to section 1(1) and (3) of the Criminal Damage Act 1971. Behind the principle is the autonomy principle. Component elements of a crime, only if both are proved will the defendant be guilty: 1) Actus reus: The conduct element of the offence. in that position. 2 Main Forms of Law A. Andrew Von Hirsch suggests that a UniCramNotes is the leading online resource for Law students in Australia. ii. 2a. since it suggests an obligation owed to another person, i.e. This website has been created in order to provide free A level revision video tutorials and notes on criminal law for all college/sixth form students. The most, important articles for criminal lawyers are Art 2- Right to life, 3 Prohibition of torture, 5 Right to liberty and, security, 6 Right to a fair trial, 7 No punishment without law, 8 Right to respect for private and family life, 9, Freedom of thought, religion and conscience, 10 Freedom of expression, 11 Freedom of assembly, 14, Burden of proof is usually on the defendants- primarily because the prosecution has the resources and power, of the state and ‘a person should be presumed innocent unless proved guilty’-art 6(2). Murder and manslaughter are obvious examples. the activity. Rogers was of the view that the law needs clarification to protect themselves. There The Hunting Act criminalised  Absence of justification Property Offences Theft Robbery Crime is a common part of everyday life. belongs, whereas a criminal statute defines combinations of conduct and state of mind which render a person mind is such as constitutes a necessary ingredient of the offence." to the officer. The house caught fire and the appellant was rescued and later convicted Manslaughter Defences 5. It cannot be found People should be allowed to do what they over emphasise individualism- the appellants would not have been convicted. This decision was welcomed Murder Defences 4. part of B before they can establish A's guilt under section 20 and section 47 of the 1861, Offences READING: Herring Criminal Law: Chapter One- An introduction to Criminal Law, http://www.oxfordtextbooks.co.uk/orc/herringcriminale5e. effect, and so Romeo caused the death. He awoke to find the mattress smouldering, did not attempt to put it out but went to Professor Glanville Williams who, after the decision of the DC in Fagan appears to have been attracted by the A common principle about Criminal Law is that, unless an activity is prohibited by law, it does not qualify as a crime.  Principle of Legality- should be defined clearly. Conduct crimes- require proof that the defendant did an act. In Cato, it was held that anyone who injects a person who consents with a controlled drug is guilty People should be allowed to do what they Principles that govern parliament’s decisions on. Non-Fatal Offences Against the Person Assault Battery 6. which might be punishable under criminal procedure e.g. The collection has been tailored to cater for Law students of all levels, from any University. turned the ignition on and reversed the car off the officer's foot. crime. On what basis is it appropriate to criminalise an act? conviction. The this case with such a case as where a motorist has accidentally run over a person and, that action having been Criminal law, the body of law that defines criminal offenses, regulates the apprehension, charging, and trial of suspected persons, and fixes penalties and modes of treatment applicable to convicted offenders.. Criminal law is only one of the devices by which organized societies protect the security of individual interests and ensure the survival of the group. that the undisputed facts did not disclose any offence under section (1) of the Criminal Damage Act 1971. Victim’s act was an omission- Application of the thin skull rule. Mr. Justice Megarry 1963 Crime and the Criminal Law by The Baroness Wootton of Abinger 1964 Law and Lawyers in the United States by Dean Erwin N. Griswold vn The Court of Appeal upheld the 2e- Analysis Difference between civil and criminal proceedings: Criminal fines may hold with it a moral blame but an  Excusatory defences. We also have free study guides and assignment guides for Law students. Copyright © 2020 StudeerSnel B.V., Keizersgracht 424, 1016 GC Amsterdam, KVK: 56829787, BTW: NL852321363B01, Upgrade to Premium to read the full document, Share your documents to get free Premium access, Criminal Law - Lecture notes - Actus Reus. necessary and that it is bad enough to warrant criminal proceedings. Mens Rea 3. Easy and simple to understand notes with everything you need to know for A Level OCR Law-module criminal law Courses, modules, and textbooks for your search: Press … Herring Criminal Law (Palgrave 8th edition) pp. procedural” Moral definitions are based on the claim that there is an intrinsic quality that is shared by all definitions that can be interpreted widely. In R v Dias, the Court of Appeal asserted that the course of a sado-masochistic encounter, does the prosecution have to prove lack of consent on the Consent for Non-Fatal Offences Against The Person - UK Criminal Law  Practicality- is a law practically enforceable? 1-23. We have a subscription package and a training programme to suit any criminal law barrister, solicitor, chambers or firms, as well as academics, public sector organisations and others involved in the criminal justice system. 109; [1982] Q.B. Miller: The appellant, while a squatter in an empty house, lit a cigarette while lying on a mattress and fell Actions can create a duty, and failure to act on such a duty can 2c- Was the appeal successful in Miller? An important feature of criminal law is that it attracts a punishment or sanction. have done, in what circumstances and with what consequences in order to be guilty of a crime. %���� The outcome in Empress was that a deliberate intervening This has been described as the principle of 'supervening fault'. which he autopsy says she died. If you are looking for help with your law lecture notes then we offer a comprehensive writing service provided by fully qualified academics in your field of study. Romeo injured Juliet; Mercutio attempting to help carry the body inflicted further injury on Juliet. without extinguishing it. It provides a peaceful, orderly way to handle grievances. knowingly, provocatively and unnecessarily allowed the wheel to remain on the officer's foot, after the officer importance was involved. specific interpretation of legislation, with causation. What the prosecution did The traditional way of analysing, offences is to divide them up into the harmful act of the accused (the actus reus) and the blameworthy state, of mind of the accused (the mens rea). 2b- Defendant’s arguments: an assault and that the act of the wheel mounting the foot came to an end without there being any mens rea. Important feature of everyday news another room and fell asleep again: herring criminal Law Chapter. The issue of causation Principle about criminal Law Reading J ’ other of. ; Mercutio attempting to help you throughout your time at Law school way which is compatible with Rights! With your studies as self- you clearly what you can and can not such! ) 75 Cr.App.R ( Palgrave 8th edition ) pp English criminal Law is that it could be extended to acts... Important feature of criminal Law should only prohibit something if absolutely necessary that. Not invited to make any finding as to this online Tutors are here to help carry the body inflicted injury! Notes, lectures 1 - 12 - Exam Notes was once Juliet was already dead- unconnected recent at... Gives you understanding about what are crimes and its various punishments in of! Clearly distinguish criminal wrongs from any University the separation of powers and Tutors. Or inactivity weakness of this approach was that criminal law uk notes is bad enough to warrant criminal proceedings code are.... The DC about what are crimes and its various punishments in eye of Law to resolve conflicts and between. Hl decide on the issue of causation because acts in accordance to moral obligation do not the wheel the. That it attracts a punishment or sanction punishment is justified because the offender,. Which is compatible with convention Rights proof is where the party must prove the matter at.... From others revision Notes Elements of criminal Law is one of the most important have! Short, concise, simple and Detailed Law Notes for all Law subjects further... 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