CRIMINAL

• What is the definition of crime according to the study material?

  A crime is conduct defined as such by statute or by common law.
• Why does Farmer argue that the definition of crime depends on perspective?

  Because different political and social factors in a country can influence one's definition of crime.
• What is the criticism of Lord Tucker's definition of crime?

  It does not reflect current attitudes to crime and only mentions punishment as a response.
• Why is it important to define what constitutes a crime?

  To distinguish a crime from a civil wrong and understand the moral blame associated with a crime.
• What is the difference between a crime and a tort in terms of consequences?

  A crime may result in punishment like fines, while a tort may lead to being sued for damages.
• What level of condemnation does a person face if convicted of a crime compared to a tortious offence?

  A person guilty of a crime faces a higher level of public disapproval than for a tortious offence.
• What are the main functions of criminal law?

  • Maintaining order
  • Resolving disputes
  • Protecting individuals and property
  • Providing for smooth functioning of society
  • Safeguarding civil liberties
• How do most academics view the function of criminal law?

  As having a political function to maintain order.
• What does Duff argue about the role of criminal law?

  That it enables perpetrators of public wrongs to be held accountable for their actions.
• What are the principles of criminal law discussed in the study material?

  • Legality Principle
  • Responsibility Principle
  • Minimal Criminalisation Principle
  • Proportionality Principle
  • Fair Labelling Principle
• What is the legality principle in criminal law?


  It requires all law to be clear and prohibits punishing acts that were not criminal at the time they occurred.
• What does the responsibility principle entail?

  One should only be found guilty of crimes they are responsible for.
• What is the legal source of the self-defence defence?

  It has two separate legal sources: common law and section 3 of the Criminal Law Act 1967.
• What are the requirements of private defence?

  The defendant must face an unjust threat and use reasonable force against it.
• What does section 3 of the Criminal Law Act 1967 allow a person to do?

  A person may use reasonable force to prevent crime or assist in lawful arrests.
• How do the rules of common law private defence and section 3 of the Criminal Law Act 1967 coexist?

  The legal rules are the same regardless of which form of the defence is used.
• To what crime is self-defence a defence?

  Self-defence is available only for crimes involving the use of force.
• What did the case R v Renouf [1986] stress about self-defence?

  It stressed that self-defence is not available for offences like possession or parking violations.
• What does the minimal criminalisation principle state?

  Only serious offences that are adverse to society should be criminalised.
• What must be shown to establish the defence of self-defence?

  It must be shown that the victim posed a threat, the threat was unjustified, the use of force was necessary, the degree of force was reasonable, and the defendant was acting to defend themselves or others.
• What does the victim need to do for self-defence to apply?

  The victim must pose a threat to the defendant or someone else.
• Can self-defence be used when protecting property?

  There is doubt whether self-defence can be used when protecting property.
• What did the Court of Appeal suggest in R v Faraj [2007] regarding reasonable force?


  It suggested that reasonable force to detain an intruder to protect property was acceptable, but aggressive force should not be used.
• What happens if Tim attacks Matt and Matt defends himself?

  Tim cannot use self-defence against Matt's reasonable and justified use of force.
• What must be shown regarding the necessity of using force in self-defence?

  It must be shown that it was necessary to use force rather than escape.
• Is there a duty to retreat in self-defence?

  No, the defendant does not have a duty to retreat.
• Can a defendant take a pre-emptive strike in self-defence?

  Yes, the law permits a pre-emptive strike if it is reasonable.
• What is the standard for determining the reasonableness of force used in self-defence?


  The question is whether a reasonable person would consider the level of force reasonable.
• What do many commentators believe about the level of harm in self-defence?

  Many believe it is reasonable to cause greater harm in self-defence than is threatened.
• What happens if the force inflicted in self-defence is far greater than the harm threatened?

  The jury may conclude that the level of force used was unreasonable.
• What is the 'Dadson' principle in self-defence?

  The defendant cannot rely on justifying circumstances of actions they are not aware of.
• What is the proportionality principle in criminal law?

  It means punishment should be roughly proportional to the seriousness of the crime.
• What happens if the defendant caused the attack in the first place?

  The defendant may not be able to rely on the defence of self-defence.
• What does the term 'necessity' refer to in criminal law?

  It refers to a defence where the defendant did the lesser of two evils.
• What are the three different senses in which 'necessity' has been used?

  It refers to the lesser of two evils, duress of circumstances, and an overarching doctrine explaining self-defence and duress.
• What have the courts consistently denied regarding necessity?

  The courts have consistently denied a general defence of necessity.
• What is a limited defence of necessity recognized at common law?

  It is accepted in special defined circumstances, such as protecting property in the public interest.
• What are the three requirements for the defence of necessity as quoted in Re A (Children) [2001]?

  The act must avoid inevitable evil, be reasonably necessary, and not be disproportionate to the evil avoided.
• What must a defendant show to establish the defence of duress?


  The defendant must show they committed the crime due to threats of death or grievous bodily harm and that a reasonable person would have acted similarly.
• To what crimes is duress a defence?

  Duress is available for all crimes except murder, attempted murder, and certain forms of treason.