Rules of criminal law
- Created by: oliviamc16
- Created on: 17-04-23 11:30
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- Rules of criminal law
- Defining crime
- Lord Atkin defined crime: the act must be forbidden by the state and it must be punished by the state.
- Some crimes are created by the common law using the doctrine of precedent, e.g. murder.
- Most crimes will have both an actus reus (a guilty act) and a mens rea (a guilty mind). They must occur at the same time.
- Defending crime- removing liability
- Without the appropriate mens rea of a crime, D cannot be guilty, but they could be guilty of another offence.
- General defences
- Capacity defences- D could not form the mens rea
- Necessity defences- D has an excuse for forming the mens rea
- Proving criminal liability
- Burden of proof- D is innocent until proven guilty.
- Standard of proof- D's guilt must be proved 'beyond all reasonable doubt'
- Defining crime
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