principles in formulating rules of crim law

Cards (4)

  • fair labelling
    offence person is convicted of must accurately describe the crime committed
    need to be able to differentiate
  • correspondence
    actus reus and mens rea don't correspond, liability must not exceed harm caused by mens rea
    e.g. mens rea for theft relates to actus reus
  • maximum certainty
    law must be as certain as possible. if elements aren't clear, isn't fair to convict
  • no retrospective liability 

    where conduct is not an offence at the time committed, unfair to convict later.
    exception- world war crimes act 1991 meant could prosecute against acts in ww2