Criminal Law Articles

1. The Harm Principle • Philosophical Basis: Proposed by John Stuart Mill, the harm principle advocates for criminalising conduct that causes harm to others. • Limitations: Not all harmful conduct is criminalised. • Robin West’s Perspective: ◦ Advocates for recognising harms to groups and society. ◦ Criticises the law for focusing solely on harm to

Definition: The actus reus of criminal offences consists of wrongful conduct, which can be a conduct, a result, a state of affairs, or an omission. Key Elements 1. Voluntariness 2. Causation 3. Omissions General Problems 1. Voluntariness • Requirement: The act must be completely involuntary for it to negate actus reus.

Definition: Actus reus consists of the wrongful conduct in criminal offences, which can be conduct, a result, a state of affairs, or an omission. General Problems 1. Voluntariness ◦ The act must be completely involuntary to negate actus reus. 2. Causation ◦ To convict, both factual and legal causation must be proven.

Definition: Actus reus consists of the wrongful conduct in criminal offences, which can be conduct, a result, a state of affairs, or an omission. General Problems 1. Voluntariness ◦ The act must be completely involuntary to negate actus reus. ◦ Attorney General’s Reference (No.2 of 1992): Lord Taylor held that

1. Intention • Smith [1961]: ◦ Test: A result is intended if it is the aim or purpose of the act or omission. ◦ Objective Test: Initially, the test was based on what a reasonable person would foresee. • Duff’s ‘Test of Failure’ (1990): ◦ Test: Asks if the defendant would feel they failed

Significance of Mens Rea: • Purpose: Mens rea (MR), or the mental state of the defendant, is crucial for establishing criminal liability. It ensures that individuals are held accountable for their actions based on their level of culpability, helping to define the nature of the wrong done and ensuring that the

Actus Reus (AR): Unlawful Killing • The actus reus of homicide is the unlawful killing of another person. Mens Rea (MR): Intention to Kill or Cause GBH • The mens rea required for murder can be either: 1. Intention to Kill: The defendant aims to cause death. 2. Intention to Cause GBH

Recklessness in Criminal Law: • Definition: Recklessness involves taking an unjustified risk. It is a higher degree of negligence and is concerned with whether the defendant’s actions involved an unacceptable level of risk. Types of Recklessness: 1. Subjective Recklessness: Currently used in law. 2. Objective Recklessness: Abolished following the unpopular decision

Knowledge: • Definition: Knowledge involves having a positive belief that a state of affairs exists. It is a mental state where the defendant is aware of the relevant circumstances. Correspondence: • Definition: The rule of correspondence requires that the mens rea (MR) and actus reus (AR) must correspond. In other words, the

Manslaughter is divided into Voluntary Manslaughter and Involuntary Manslaughter. Voluntary Manslaughter 1. Loss of Control (formerly Provocation) ◦ Definition: Voluntary manslaughter may be applicable when D loses self-control due to a qualifying trigger and acts in a way that a reasonable person would under the same circumstances. This partial defence reduces

In the UK, homicide law is primarily structured into two general offences: murder and manslaughter. These definitions have largely been shaped through judicial decisions rather than legislative enactments. 1. Murder and Manslaughter • Murder: Defined by common law, involving the unlawful killing of another person with malice aforethought. This includes both

The defence of Loss of Self-Control (LOSC) was introduced by the Coroners and Justice Act 2009, replacing the old provocation defence. It is specifically applicable to murder charges and can reduce a conviction from murder to manslaughter. This reform aimed to provide a more structured and fair approach to cases

Diminished Responsibility (DR) is a partial defence to murder under the Homicide Act 1957, which allows for a conviction of manslaughter instead of murder if certain conditions are met. The defence is specifically applicable to cases of murder and provides an avenue for defendants who suffer from a recognised medical

Complicity in Murder Involvement in a Criminal Enterprise: When an individual participates in a criminal venture with others, and one of those individuals commits murder, the question arises about the culpability of the accomplices (D2’s). The key considerations are whether these accomplices should be held liable for the murder,

Sexual offences cover a range of non-consensual sexual activities and are defined and regulated under various laws. Historically, the crime of rape evolved from a crime against personal honour to one recognised as a severe violation of individual autonomy and consent. Rape: Social and Legal History • Historical Context: ◦ Rape was

Section 78: Definition of ‘Sexual’ • Definition: ◦ The term ‘sexual’ covers ‘penetration, touching or any other activity’. According to a reasonable person, this activity must be sexual in nature. ◦ This is an objective test. Case Law R v H [2005] • Facts: ◦ D asked V if she wanted to have sex and

Section 74: Definition of Consent • Definition: ◦ A person consents if they agree by choice, and have the freedom and capacity to make that choice. ◦ Consent must be specific to each sexual activity and given at the time of the act. • Stages to Finding Consent: 1. Conclusive Presumption (Section 76) 2.

Section 1 of the Sexual Offences Act 1956 • Definition: ◦ A person commits rape if: ▪ They know that the other person does not consent to the intercourse, or ▪ They are reckless as to whether the other person consents. Key Case Law: DPP v Morgan [1975] • Facts: ◦ Soldiers were drinking with their

Larceny Act 1916 • Definition: ◦ Steals without consent ◦ Fraudulently ◦ Without a claim of right made in good faith ◦ Takes or carries away anything capable of being stolen ◦ With the intention of permanent deprivation Theft Act 1968 • Purpose: ◦ Simplify the law on theft ◦ Create more general offences ◦ Keep the concept of permanent

Section 3 of the Theft Act 1968 • Definition: Any assumption by a person of the rights of the owner. • Scope: This definition is broader than the old concept of “taking and carrying away.” Key Cases and Concepts: 1. R v Lawrence 1972: ◦ A taxi driver took more money than necessary

Property: Property is classified into various categories: • Real Property: Land and any buildings attached to it. • Personal Property: Movable items owned by an individual. • Chose in Action: A right enforceable by a legal action, such as a debt. • Intangible Property: Non-physical items like patents. Certain items are not included under

Exclusion of Dishonest Borrowing The legal definition of theft explicitly excludes instances of dishonest borrowing. For example, if someone uses another person’s bike for a day without permission, it is considered dishonest borrowing rather than theft, even if there is a risk that the bike could be lost or damaged.

No Statutory Definition The Theft Act 1968 does not provide a clear definition of dishonesty. Instead, it offers partial definitions under Section 2. Section 2: Circumstances Not Considered Dishonest Under Section 2, certain beliefs held by the defendant (D) are not considered dishonest: 1. Belief in Right: If D believes

Definition and Requirements Under Section 8 of the Theft Act 1968, a person is guilty of robbery if they: 1. Steal: They commit the act of theft as defined by the Theft Act 1968. 2. Use or Threaten Force: Immediately before or at the time of stealing, they use force

Definition and Requirements Under Section 9 of the Theft Act 1968, a person is guilty of burglary if they: 1. Enter as a Trespasser: They enter a building or part of a building without permission, either intentionally or recklessly. 2. Commit Certain Offences: They have the intention to commit one

Prior to the Fraud Act 2006 Before the Fraud Act 2006, fraud was primarily governed by a series of deception offences under different statutes, such as Section 15 of the Theft Act 1968. This approach faced significant issues: 1. Obtaining Property ‘By’ Deception: ◦ Problem: The requirement to show that property

Infancy Age of Criminal Responsibility: • United Kingdom: The age of criminal responsibility is set at 10 years old. Children below this age are considered incapable of committing a criminal offence. • European Nations: Many European countries set the age of criminal responsibility at 14 years old, reflecting differing views on juvenile

Automatism is a legal defence used to argue that a person should not be held criminally liable because they were acting involuntarily due to a complete loss of control, usually caused by external factors. This defence results in a complete acquittal, as it denies the accused’s responsibility for the actus

Intoxication, whether through alcohol or drugs, can affect criminal liability by influencing an individual’s mental state. The legal treatment of intoxication varies depending on whether it is voluntary or involuntary and whether the crime in question requires specific or basic intent. Voluntary Intoxication Definition: Voluntary intoxication occurs when an individual

Assault Actus Reus (AR): The actus reus of assault involves causing the victim (V) to apprehend immediate and unlawful personal violence. This means that V must believe that they are about to face some form of violence from the defendant (D). The threat of violence must be immediate and not

Complicity in Murder Involvement in a Criminal Enterprise: When an individual participates in a criminal venture with others, and one of those individuals commits murder, the question arises about the culpability of the accomplices (D2’s). The key considerations are whether these accomplices should be held liable for the murder,