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Criminal Law
Rules and Theory
principles in formulating rules of crim law
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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