Welcome to the World of Criminal Law!
Hello there! Welcome to your study notes for Criminal Law. This is a core part of your Paper 1 exam. Criminal law is fascinating because it’s about the rules the state uses to keep us safe and the consequences people face when they break those rules. Whether you're aiming for an A* or just trying to get your head around the basics, these notes are designed to break everything down into simple, manageable steps. Let's get started!
1. The "Big Ideas": Why do we have Criminal Law?
Before looking at specific crimes, we need to understand why something is a crime. The law doesn't just pick things at random!
Key Theories and Principles
Harm Principle: Most things are crimes because they cause harm to others or society.
Autonomy and Fault: We generally only punish people who chose to act badly (autonomy) and are "at fault" for what happened.
Fair Labelling: The name of the crime should match how serious it is. You shouldn't call a minor scuffle "attempted murder."
Correspondence: The result the person intended should match the result that actually happened (though there are exceptions!).
Maximum Certainty: You should be able to look at the law and know exactly what is illegal. No "guessing" allowed!
No Retrospective Liability: The state can't make something a crime today and then arrest you for doing it yesterday.
Quick Review: Think of these as the "rules for the rule-makers." They ensure the system is fair and logical.
2. The Building Blocks of a Crime
Most crimes require two "ingredients" to be present at the same time. If one is missing, there is usually no criminal liability.
The Criminal "Formula":
\( Actus \space Reus + Mens \space Rea = Crime \)
Actus Reus (The "Guilty Act")
This is the physical part of the crime. It can be:
1. An Act: Punching someone or taking a phone.
2. An Omission: Failing to act when you have a duty (like a lifeguard watching someone drown).
3. A State of Affairs: Being found in a place you shouldn't be (the "being rather than doing" crimes).
Causation: For "result crimes" (like murder), the prosecution must prove the defendant caused the result. We use two tests:
1. Factual Causation: The "But For" test. "But for" the defendant's actions, would the victim have suffered? (Case: White).
2. Legal Causation: Was the defendant's act a "more than minimal" cause? (Case: Pagett).
Mens Rea (The "Guilty Mind")
This is the mental part—what was the person thinking?
1. Specific Intention: You aimed for that specific result (Case: Mohan).
2. Subjective Recklessness: You saw a risk of harm but took it anyway (Case: Cunningham).
3. Negligence: Failing to meet the standard of a "reasonable person."
Transferred Malice: If you try to hit Friend A but miss and hit Person B instead, your "guilty mind" transfers to the new victim. You are still liable! (Case: Latimer).
Coincidence: The Actus Reus and Mens Rea must happen at the same time. You can't be guilty if you accidentally hit someone and then, five minutes later, decide you're glad you did it.
Did you know? Some crimes are Strict Liability. This means the prosecution doesn't need to prove any Mens Rea. If you did the act, you're guilty—even if you didn't mean to! These are usually minor "regulatory" crimes like speeding.
3. Fatal Offences Against the Person
These are the most serious crimes because they involve the loss of life.
Murder
The Actus Reus is the unlawful killing of a human being under the Queen's (or King's) peace.
The Mens Rea is "malice aforethought." This is a fancy way of saying the intent to kill or the intent to cause GBH (Grievous Bodily Harm).
Memory Trick: You can be guilty of murder even if you didn't mean to kill! Just wanting to hurt them very badly is enough.
Voluntary Manslaughter
This is when a defendant has the AR and MR for murder, but has a "special defense" that lowers the charge to manslaughter:
1. Loss of Control: A sudden loss of self-control caused by a "qualifying trigger."
2. Diminished Responsibility: An "abnormality of mental functioning" (e.g., a mental illness) that substantially impaired the defendant's ability to understand their conduct or form a rational judgment.
Involuntary Manslaughter
This is when someone dies, but the defendant didn't intend to kill or cause GBH:
1. Unlawful Act Manslaughter: The defendant did a dangerous, illegal act (like a punch) that caused death.
2. Gross Negligence Manslaughter: The defendant owed a duty of care, breached it, and was so negligent it should be treated as a crime (Case: Adomako).
4. Non-Fatal Offences Against the Person
Think of this as a ladder. As the harm gets worse, the punishment goes up.
The "Ladder of Harm"
1. Assault: Making someone fear immediate personal violence. (No touching required!)
2. Battery: Applying unlawful force. (Even a slight touch counts!)
3. s.47 ABH (Actual Bodily Harm): An assault or battery that causes "more than trifling" hurt (e.g., bruising, broken tooth).
4. s.20 GBH/Wounding: "Grievous" (really serious) harm or a wound (break in the skin). No intent to cause serious harm is needed, just recklessness.
5. s.18 GBH/Wounding with Intent: The same as s.20, but you specifically intended to cause serious harm. This carries a much higher sentence.
Quick Tip: Don't worry if the sections (s.47, s.20) seem confusing at first. Just remember: 47 is Bruising, 20 is Breaking, 18 is Intention.
5. Property Offences
Criminal law also protects our "stuff"!
Theft (Section 1 Theft Act 1968)
To be guilty of theft, you must:
Dishonestly appropriate property belonging to another with the intention to permanently deprive them of it.
Analogy: If you borrow a book intending to return it, it’s not theft. If you take it, sell it, or keep it forever, it is.
Robbery (Section 8 Theft Act 1968)
Robbery is simply Theft + Force. If you use force (or threaten force) immediately before or at the time of stealing, it becomes robbery. It’s a much more serious "theft-plus" offence.
6. Preliminary Offences: Attempt
Even if you fail to commit a crime, you can still be in trouble! Under s.1 Criminal Attempts Act 1981, an attempt is when you do an act that is "more than merely preparatory" to the crime and you have the intent to commit the full crime.
Example: Buying a gun is "preparatory." Pointing it at someone and pulling the trigger (but the gun jams) is "more than merely preparatory"—that's attempted murder.
7. Defences: Why someone might not be guilty
Even if someone did the act, they might have a valid excuse.
Capacity Defences (The "I couldn't help it" group)
Insanity: A "defect of reason" caused by a "disease of the mind" (Case: M'Naghten).
Automatism: A total loss of control caused by an external factor (e.g., being attacked by a swarm of bees!).
Intoxication: Being under the influence of drink or drugs. This is tricky! It usually only works for "specific intent" crimes if you were so drunk you couldn't form the intent.
Necessity Defences (The "I had to do it" group)
Self-Defence: Using reasonable force to protect yourself, another, or property.
Duress: Being forced to commit a crime because someone threatened you with death or serious injury (e.g., "Rob this bank or I'll kill your sister").
Duress of Circumstance: You commit a crime because of the situation you're in (e.g., speeding to get someone to the hospital in a life-or-death emergency).
Summary Takeaway: Criminal law is like a puzzle. You have to look at what happened (AR), what they were thinking (MR), and if there is a valid reason or defence for their actions. Master these elements, and you'll master Paper 1!