Chapter 1: Introduction

Question 1

What is the definition of crime

Answer 1

Legal wrong followed by criminal proceedings and resulting in sanction (different crimes will have different elements)

Question 2

What are the 2 elements that constitute a crime

Answer 2

Actus Reus (Guilty Act)
accompanied by
Mens Rea (Guilty Mind)

Question 3

What are the ingredients of a crime

Answer 3

Crime = Actus Reus (1) + Mens Rea (2) - Absence of any defence

Question 4

What are the 4 categories of evidence

Answer 4

1. Tangible evidence
2. Real evidence
3. Oral Evidence
4. Expert Evidence

Question 5

What is the process of a criminal proceeding

Answer 5

1. Offence commited
2. Brought to police station
3. Interrogation
4. Crown prosecution service
5. Prosecutor charge defedant with an offence
6. trial

Question 6

What are the continuing proceedings after a trial is held

Answer 6

1. Trial (can be straight aqquited)
2. Convicted (can go straight to appeal)
3. Sentencing
4. Appeal (by conviction, sentence, or both)
5. Acquitted

Question 7

What is the burden of proof

Answer 7

Lies on the prosecution to prove the guilt of the prisoner beyond reasonable doubt

Question 8

What must the prosecution do to prove the defendant guilty

Answer 8

1. Actus reus & mens rea
2. But to also disprove the defence beyond reasonable doubt

Question 9

What is the presumption by courts when a case is being trialed

Answer 9

The accused/defendant is always perceived innocent until proven guilty (so never say that the defendant has to prove anything) - Woolminton v DPP

Question 10

What are the 2 exceptions to the burden of proof

Answer 10

• Defence of insanity
• Statutory exception

Question 11

What does it mean to prove someone beyond reasonable doubt

Answer 11

Prosecution must prove beyond a reasonable doubt that all the elements of the offence (must be 100% sure, unlike civil law)

Question 12

What happens in Article 6 of the European Convention on Human Rights

Answer 12

All individuals have the right to a fair trial

Question 13

What are the 2 types of burden

Answer 13

1. Evidencial burden (easier)
   * Defendant is to provide evidence that there is a doubt in the prosecution’s case
2. Legal burden (harder)
   * The defendant is to satisfy the court on the balance of probalitities (51%) on the issues that are subject of the reverse burden

Question 14

What is the role of the court in criminal law

Answer 14

• To review the choice made by Parliament as to what should be the constituent elements of the criminal offence
• The court should only differ from the legislature (statute) where the legislature has attached inssuficient importance to the right of an individual to be preseumed innocent until proven guilty

Question 15

What is an arrestable and non-arrestable offence

Answer 15

Arrestable offence
* Where the arrest may be made without an arrest warrant (serious offences)
* Straight imprisonment

Non-arrestable offence
* Arrest can only be made with an arrest warrant (minor offences)
* Warrant goes through process of interrogation

Question 16

What is an indictable offence

Answer 16

Serious crimes that are tried i the Crown Court, before a judge and jury

Question 17

What is a summary offence

Answer 17

Considered minor offences tried before the magistrate in the Magistrates’ Court

Question 18

What is the structure of the courts in the United Kingdom

Answer 18

Summary offences
* Magistrates’ court > High Court > Court of Appeal > Supreme Court
* There is no jury in Magistrates’ court (simple trial)

Indictable offences
* Crown Court > Court of Appeal > Supreme Court

Question 19

What are the questions/processes that are carried out by the Magistrate (the judge) in a triable either way offence

Answer 19

In triable either way offence, it is mandatory for Magistrate to caution the defendant that, Roman’s I, if the defendant chooses the Magistrates’ Court

1. They will lose being trialed by his peers (jury)
2. Romans II, if they choose Magistrates’ court, and if the judge thinks the sentence is insufficient. Judge can remit (send) the case to any higher court, solely fir the purpose of sentencing

• Romans III, if the Magistrate fails to caution the defendant, the whole trail will be void

Question 20

What is the purpose of criminal law

Answer 20

1. Protect individuals and their property from harm
2. Preserve order in society
3. Punish the people who commit unlawful acts
4. Educate about appropraite conduct and enforce moral values

Question 21

What are the 5 purposes of sentencing that courts must consider

Answer 21

1. Detterance
2. Retribution
3. protection of the public
4. rehabilitation
5. reperations/remedies to victims

Question 22

What are the 2 types of sentencing/sanctions

Answer 22

Custodial Sentencing
* imprisonment, illegal by the state

Non-custodial Sentencing
* no imprisonment i.e. fines, community service

Question 23

R v McGee (2012) EWCA Crim. 613

Answer 23

Facts: Police found substantial quantity of cocaine and heroin in and under M’s bed in a room occupied by another person

But evidence showed that her premises were permitted to be used for production of a controlled drug

Held: Prosecution has to prove all elements of the crime, that there is a coincidence of both actus reus and mens rea at the time of the crime

Question 24

R v Wright (Craig George) [2011] 2 Cr App R15

Answer 24

Facts: Defendant was convicted for poseesion of controlled Class B drugs with intent to supply. But the large number of cannabis plants, but were immature containing no useable or saleable product

Appeal court stated there is no coincidence, although he had possessed the plant, but there was no suggestion that W intended to supply immature plants

Held: Not only does there need to be actus reus and mens rea, but there needs to be coincidence at the time of the even

Question 25

What are the 3 elements of actus reus

Answer 25

* Act/ommision conducted * consequnce * surrounding circumstances

Question 26

What are the 4 categories of mens rea

Answer 26

1. Intention 2. Recklessness 3. Gross Negligence 4. Knowledge

Question 27

What are the 3 types of crimes

Answer 27

1. Conduct/act crimes (No need reuslt) 2. Result/consequence crimes (need result) 3. situational crime (only circumstances)

Question 28

What is a verdict

Answer 28

When defendant is proven beyond reasonable doubt, the judge **directs the verdict to the jury** Verdict is when they decide "**guilty**" or "**not guilty**"

Question 29

What is the verdict if defence pleads defence of insanity

Answer 29

Judge has no choice but to give special verdict: ‘**Not guilty by reason of insanity**’