Introduction Elements of Criminal Liability © The Law Bank Elements of Criminal Liability An Introduction 1

IntroductionElements of Criminal Liability

© The Law Bank 1

Elements of Criminal Liability

An Introduction


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Objectives• Distinguish between the criminal process and

the criminal law

• Explain what is meant by criminal evidence and criminal procedure

• Explain the different elements of a crime


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Starter

• In your groups come up with your own – precise – definition of what you think a crime is.


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Definition – Criminal Law and Crime

• Criminal law is concerned with liability • A crime is conduct defined as such by statute or by

common law.• Criminal law is usually found under the heading of

public law, because it is against the State and is punished by the State.

• First, it is an offence against the public, although it might affect only one person.

• Secondly, that the person who committed an offence will be punished in some manner prescribed by the State.


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Board of Trade v Owen (1957)

• "A crime is an unlawful act or default which is an offence against the public and renders the person guilty of the act or default liable to legal punishment.“


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Why do we need a definition?

• Answer this question in your groups:

• First, it is necessary for a broad definition to establish mode of trial.

• Secondly, it is administratively important. For

example, the enforcement of Magistrates' fines is the recovery of a civil debt, and the police cannot arrest a fine defaulter unless the officer is in possession of a warrant.


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Classification of offences & Powers of Arrest

• Indictable, Summary and either way• Power of arrest:

– Previous classifications (e.g. arrestable offences) under the Criminal Law Act 1967 no longer have any relevance

– Formerly more serious offences were specified by PACE as arrestable offences but the classification has no significance since the Serious Organised Crime Act 2005

– Any person can arrest in many circumstances if the offence is indictable


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Elements of a Crime

Actus Reus

Mens Rea

Absence of a Defence

Defendant Liability

Strict Liability

+ or =+


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Actus Reus

• By removing the mens rea words from an offence (and any defence) leaves the actus reus of a crime.

• This will include all circumstances, the conduct of the offender, and the consequences.


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Mens Rea

• Mens Rea means the guilty mind or wrongful intention and, is discovered in the definition of the offence; it is words like 'intention', 'recklessly', 'with malice aforethought' and so forth.

• When interpreting statutes, it is a Common Law presumption that mens rea is necessary in all crimes. This rule can only be replaced if an Act of Parliament expressly or impliedly excludes the necessity of mens rea Sweet v Parsley (1970).


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Strict Liability

• In offences of strict or absolute liability mens rea is not

essential.

• For example, the Health and Safety at Work Act says that

machines must have safety covers, the employers are strictly

liable. Even if the employer asks an outside contractor to

supervise the safety regulations the employers are still liable if the

contractors do not comply with the statutory requirements.

• Strict liability arises when the crime consists of performing a

forbidden act or not performing a statutory duty.


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Example

• Meah v Roberts (1977)

• D sold two children glasses of caustic soda instead of lemonade. D, Meah, was found guilty of selling food unfit for human consumption, contrary to the Food and Drug Act 1955, despite another person being responsible for the cleaning fluid being in the lemonade bottle.


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Result/Consequence Crime• Consequences do not always flow from a crime,

e.g conspiracy • But where there is a consequence crimes are

described as 'result' crimes and the conduct of the accused is linked to the result by the legal and factual causation. Result crimes require proof of causation. “Did the defendant cause the result”


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Conduct Crimes• Conduct crime, for example, being found drunk

in a public place, requires no causation, in fact it requires no actus reus at all, let alone mens rea. The crime is simply "being found".


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What has to be proved?

• Woolmington v DPP (1935)

• The prosecution must prove the existence of the actus reus and mens rea beyond reasonable doubt.


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Criminal Process• Decides whether the crime has been committed

by the accused or not and if so what sentence should be imposed.

• Arrest• Charge• Court• Trial • Verdict • Sentence


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The Criminal Process

Enquiry

•Enquiry by the police to gain evidence

•Prosecution prepared

Trial

• Trial in court

• Verdict

Sentence

• Sentence


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Objectives• Distinguish between the criminal process and

the criminal law

• Explain what is meant by criminal evidence and criminal procedure

• Explain the different elements of a crime

Documents

Introduction Elements of Criminal Liability © The Law Bank Elements of Criminal Liability An Introduction 1