rules of criminal law

• Defining a crime:

  • forbidden by the state
  • for which there is a punishment
• Herbert Packer thought that to be a crime;

  • conduct must be wrongful and
  • must be necessary to condemn or prevent such conduct
• What is considered criminal will change over time.
• Role of the state:

  • mainly set down by state, can be by passing an Act of Parliament or issuing regulations
• Conduct criminalised by the judges: Shaw V DPP

  • occurs when judges create new offences through case law
  • only happens in rare times as nearly all law is made by Parliament
  • marital rape was created as an offence by the judge in R V R
• elements of a crime:

  • must be mens rea and actus reus
• actus reus- this is an act, omission or state of affairs that is the voluntary prohibited conduct together with any required consequences caused by the prohibited conduct of an offence.
• mens rea- mental element or fault element of an offence
• standard of proof:

  • prosecution has to prove case against the defendant and the standard of proof is 'beyond reasonable doubt'
• Burden of proof: Woolminton V DPP

  • innocent until proven guilty, burden of proof is on the prosecution.
  • diminished responsibility and insanity is on the defendant with civil standard.