Criminal Law Principles

Learning Objectives

  • Understand the definition of a crime in more depth.

  • Explore the rules and principles of criminal liability, with a detailed focus on the elements of actus reus and mens rea in crimes, the standard of proof in criminal cases, and the burden of proof in criminal cases.

18.1 Defining a Crime

  • Criminal Offences: Common examples include murder, robbery, and theft; nevertheless, the spectrum of offences encompasses thousands of unique acts, ranging from serious felonies to minor breaches of regulatory conduct (e.g., selling a lottery ticket to someone under 16).

  • General Definition of Crime: A crime is broadly defined as conduct explicitly forbidden by the state, for which specified punishments are enforced.

  • Lord Atkin's Definition: In the case of Proprietary Articles Trade Association v Attorney-General for Canada (1931), it was established that the criminal quality of an act cannot be intuitively assessed; it must be explicitly prohibited by law alongside penal consequences.

  • Alternative Definitions: Herbert Packer articulated that conduct must be wrongful and duly condemned or prevented to classify as a crime, reinforcing the moral dimension of criminality.

  • Evolution of Criminal Conduct: Criminal definitions adapt over time due to societal views and advancements in technology which influence moral and legislative standards.

  • Historical Changes: The legal evolution regarding consenting homosexual acts provides a poignant example; beginning as a criminal act in 1885, it was decriminalized in 1967 and witnessed further legal reforms decreasing the age limits in 1994 and 2000.

  • Technological Influence: With the rise of new technologies (e.g., motor vehicles and computers), legislators have introduced new offences, including traffic violations and internet fraud, reflecting the ongoing necessity for legal adaptation.

18.1.1 The Role of the State

  • Legislation: Criminal law is codified primarily by state actions through Acts of Parliament—such as the Theft Act 1968—or through regulations that stipulate particular offences and corresponding legal consequences.

  • Penalties: Infringements of criminal law typically incur penalties such as imprisonment, community service, or fines, which impose legal liability on behalf of the state.

  • Prosecutions: The majority of criminal prosecutions are initiated and conducted by the Crown Prosecution Service (CPS), the authoritative state agency responsible for public prosecutions in England and Wales.

  • Private Prosecutions: Certain entities, including organizations like the RSPCA, retain the right to initiate private prosecutions, especially in cases concerning animal cruelty.

18.1.2 Conduct Criminalised by the Judges

  • Judicial Creation of Offences: While the vast majority of offences are codified through legislation, some derive from judicial decisions that establish new legal precedents. These judicial interpretations are relatively uncommon.

    • Example 1: The case of Shaw v DPP (1962) noted the creation of the offence of conspiracy to corrupt public morals, recognized by judges despite the absence of a statutory basis.

    • Example 2: In R v R (1991), the court criminalized marital rape, overturning the historical assumption that consent was implicit in marriage, thus acknowledging evolving perspectives on women's rights and marital statuses.

18.2 Elements of a Crime

  • Overview of Offences: While the range of offences is broad, overarching principles uniformly apply across criminal law.

  • Key Principles: Generally, in nearly all crimes (excluding strict liability offences), two critical elements must be substantiated by the prosecution:

    • Actus Reus: This refers to an act, omission, or a specific state of affairs constituting the voluntary prohibited conduct, accompanied by any requisite consequences instigated by that conduct.

    • Mens Rea: This entails the mental element or guilty mind pertinent to the offence; it can vary in complexity, including levels such as specific intention, recklessness, or negligence.

  • Both elements need to co-occur, though in the context of an uninterrupted act, mens rea can be established at any point during the act's duration.

Key Terms

  • Actus Reus: An act, omission or state of affairs comprising voluntary prohibited conduct along with the resultant consequences of that conduct.

  • Mens Rea: The mental state (guilty mind) required for an offence, which can range from intention to negligence and differentiates the severity of offences.

Examples

  • Murder:

    • Actus Reus: The unlawful killing of a human being.

    • Mens Rea: Causing death with malice aforethought, signifying intent to kill or cause grievous bodily harm.

  • Theft:

    • Actus Reus: The act of appropriating property belonging to another person.

    • Mens Rea: Appropriating dishonestly with the intention to permanently deprive the owner of the property.

18.4 Rules Governing the Standard of Proof

  • Standard of Proof in Criminal Cases: The prosecution is tasked with demonstrating the case 'beyond reasonable doubt', a standard emphasized to juries by judges, highlighting that a conviction necessitates a high certainty of the accused's guilt.

  • Importance of Standard: This demanding benchmark signifies the weighty repercussions stemming from a criminal conviction, including its effects on personal liberty.

18.5 Rules Governing the Burden of Proof

  • Presumption of Innocence: An accused individual is considered innocent until proven guilty, establishing a foundational principle within criminal law.

  • Burden of Proof: This responsibility lies with the prosecution, compelling them to substantiate both actus reus and mens rea.

  • Case Reference: The landmark case Woolmington v DPP (1935) elucidated that the prosecution holds the obligation to affirm guilt beyond reasonable doubt, a principle which applies universally across all criminal trials.

Key Outcomes from Woolmington v DPP

  • The prosecution is mandated to substantiate its case.

  • This principle is applicable across all realms of criminal law.

  • Guilt must be established beyond reasonable doubt, and reasonable doubt may be introduced by evidence presented by either party.

Summary of Chapter 18

  • A crime is defined as conduct expressly forbidden by the state, warranting corresponding punitive measures.

  • The interpretation of criminal conduct undergoes transformations influenced by societal changes and technological advancements.

  • Criminal law is predominantly established through legislative means; however, some offences are conferred recognition through judicial decisions.

  • The two cornerstone elements within criminal offences are actus reus and mens rea.

  • The standard of proof in criminal cases is beyond reasonable doubt, with the prosecution bearing the burden of proof while defending the presumption of innocence for those accused.