CRIME
Unit 19
Preview
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1. Definition
2. Purpose of criminal law
3. Classification of offences
4. Elements of a crime
5. Burden and standard of proof
6. Criminal law and human rights
7. Participation
8. Capacity
9. General defences
10. Types of offences
8. Legal terms
9. Exercises
DEFINITION
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Crime: offence against community,
punishable by the State
An illegal act which may result in
prosecution and punishment by the state
DEFINITION
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“A crime is a conduct forbidden by the
State and to which a punishment has been
attached because the conduct is regarded
by the State as being criminal”
What conduct is criminal varies from
country to country, and from one time to
another
Purpose of criminal law?
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Protect individuals and their property from
harm
Preserve order in society
Punish offenders
Enforce moral values?
CATEGORIES OF CRIMINAL
OFFENCE
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Summary offences
Indictable offences
Offences triable either way
Summary offence
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Summary offence a minor crime which
can be tried summarily, i.e. before
magistrates (e.g. common assault,
speeding, being drunk or disorderly);
Prosecutions must be started within 6
months of the commission of the offence
Offences triable either way
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Cases which can be heard summarily in
the Magistrates' Court or on indictment
the Crown Court (theft, assault
occasioning actual bodily harm, affray)
Indictable offences
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Serious crimes which must be tried on
indictment in the Crown Court (murder,
manslaughter, rape)
Indictment
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Formal document accusing a person of
committing an indictable offence
Read out to the accused at trial
Form of indictment
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Headed with the name of the case and the
place of trial
Statement of offence, stating what crime
has allegedly been committed, followed by
particulars of the offence
If the accused is charged with more than
one offence, each allegation and charge
appears in a separate paragraph called a
count
Categories for police powers of
detention
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Summary offences (24 hrs)
Indictable offences (24-36-max.96 hrs)
Terrorism offences (48 hrs – 28 days:
Terrorism Act 2000, Schedule 8 as
amended by the Terrorism Act 2006)
Classification by the type of
harm caused by the crime
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Offences against the person
Offences against property
Offences against public order
Elements of a crime
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In order to be convicted, the accused
must be shown to have committed an
unlawful act (actus reus) with a criminal
state of mind (mens rea)
Elements of a crime
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ACTUS REUS + MENS REA = OFFENCE
Lat: Actus non facit reum nisi mens sit rea
= ‘the act itself does not constitute guilt
unless done with a guilty mind’
Actus reus
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The physical element of a crime
It can be:
1. An act (e.g. theft)
2. An omission to act (e.g. wilful neglect
of a child)
3.A state of affairs (e.g. being drunk in a
public place)
Mens rea
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The mental element of an offence; the
state of mind that the prosecution must
prove that defendant had at the time of
committing a crime in order to secure
conviction
Intention to bring about a particular
consequence, or recklessness as to
whether such consequences may come
about
Burden of proof
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The burden is on the prosecution to prove
the case
The standard of proof: ‘beyond reasonable
doubt’
If the defendant raises a defence it is for
the prosecution to negate the defence in
order to convict
For certain defences the burden of proof is
on the defendant (defence of insanity): on
the balance of probabilities
Criminal law and human rights
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The right to a fair trial (Art. 6 (1)
The presumption of innocence (Art. 6 (2)
No punishment without law (Art. 7 (1)
The right to a fair trial
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the right to be heard by a competent,
independent and impartial tribunal
the right to a public hearing
the right to be heard within a reasonable
time
The right to counsel
the right to court interpreting and
translation
The presumption of innocence
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„Everyone charged with a criminal offence
shall be presumed innocent until proven
guilty” (Art. 6(2)
No punishment without law
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‘No one shall be held guilty of any criminal
offence on account of any act or omission
which did not constitute a criminal offence
under national law or international law at
the time it was committed’ Art 7(1)
Other Convention rights
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The right not to be subjected to inhuman
or degrading treatment (Art 3(1)
The right of respect for a person’s private
life (Art 8)
No discrimination on the grounds of sex,
race, colour, religion or political opinion
(Art 14)
Participation
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Principal offenders
Innocent agents
Secondary parties
Principal offender
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The person whose act is the immediate
cause of actus reus
Must have the necessary mens rea to be
guilty of the offence
There can be two or more joint or coprincipals
Innocent agent
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Someone whom the principal uses to do
the act
The agent may be innocent if:
A) they lack the capacity to commit
offence (child under the age of 10)
B) they do not have mens rea
C) they have a defence such as insanity
Secondary parties
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Also: accessory
Guilty of the main crime and liable to the same
punishment as the principal
Can only be convicted if there was an actus reus
and mens reafor the main offence
If the principal has attempted the main crime
the accessory can be guilty to the attempt
Incohate offences =
incomplete offences
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Incitement – seeking to influence the
mind of another to the commission of a
crime
Conspiracy: c. to defraud, c. to corrupt
public morals, c. to outrage public decency
Attempt: attempting to commit an offence
Exemptions from criminal liability
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A person can be exempted from criminal
liability if:
A) something had deprived them of their
free will and control (insanity, coercion),
or
B) s/he is one of the class of persons
subject to special rules (foreign
sovereigns, diplomats, minors)
Limitations on capacity
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Children under the age of ten
Mentally ill persons: unfitness to plead,
insanity at time of offence, diminished
responsibility
Corporate liability
Children under the age of 10
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S50 Children and Young Persons Act 1933
‘it shall be conclusively presumed that no
child under the age of ten can be guilty of
any offence’ – doli incapax presumption
Children aged ten and over
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S34 Crime and Disorder Act 1998
abolished the presumption that a child
aged 10 to 13 is incapable of committing
an offence; a child aged 10 and over is
considered to be ‘as responsible for his
actions as if he were 40’
Children aged ten and over
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For all but the most serious offences
children (10-13) and young persons (1417) are tried in the Youth Court
Where a child or a young person is tried in
the Crown Court special arrangements
must be made to allow him to participate
effectively in the trial
Sentencing powers – different from those
for adults
Mentally ill persons
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Where the defendant is unable to
understand the charge against him so as
to be able to make a proper defence, he
may be found unfit to plead (Criminal
Procedure (Insanity) Act 1964)
Where a person is fit to plead but is found
to be insane at the time he committed the
offence a special verdict of ‘Not guilty by
reason of insanity’ is given by the jury’
Diminished responsibility
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A partial defence only available on a charge of
murder;
operates where a person suffers from an
abnormality of the mind which substantially
impairs his mental responsibility for his acts or
omissions in doing or being a party to the killing
(s2 Homicide Act 1957)
If the defence is successful the charge of
murder is reduced to manslaughter
Corporate liability
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A corporation – a legal person
A corporation cannot be convicted of an offence where
the only punishment available is physical, e.g. life
imprisonment for murder
A corporation cannot commit crimes of a physical nature,
such as bigamy or rape, though it may be possible for a
corporation to be liable as an accessory
A corporation can be liable for manslaughter (P&O
European Ferries (Dover) Ltd (19919
The principle of identification
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As a corporation has no physical existence
it is necessary to identify those people
within the corporation who can be
considered as the ‘directing mind and will
of the company’
The acts and intentions of those who are
identified as the ‘embodiment of the
company’ are considered the acts and
intention of the company
General defences
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Insanity
Automatism
Intoxication
Duress
Mistake
Self-defence
General defences
Availability of different defences
Available for all
offences
Only available for some offences
insanity
intoxication
Not available for crimes
of basic intent
automatism
duress
Not available for murder,
attempted murder, or
treason
mistake
necessity
Very rarely successful as
a defence
Self-defence
consent
Not available for murder
or some assaults
Homicide
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Murder (intention to kill)
Manslaughter:
Statutory offences
Manslaughter
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1) Voluntary: mens rea for murder but has
a special defence: diminished
responsibility, provocation, suicide pact
2) involuntary
Statutory offences
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Causing death by dangerous driving
Infanticide
Causing or allowing the death of a child or
vulnerable adult
Offences against a foetus
Non-fatal offences against the
person
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Common assault: assault; battery
Assault occasioning actual bodily harm
Maliciously wounding or inflicting grievous
bodily harm
Sexual offences
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Rape
Sexual assaults
Sexual offences on children
Offences involving family members
(incest)
bigamy
Theft and related offences
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Theft
Robbery
Burglary
Taking a conveyance without consent
Handling stolen goods
Making off without payment
blackmail
Deception offences
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Deception
Obtaining property by deception
Obtaining a money transfer by deception
Obtaining a pecuniary advantage by deception
Obtaining services by deception
Fraud (by false representation, by failing to
disclose information, by abuse of position)
Criminal damage
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Criminal damage – destroying or
damaging property
Endangering life
Arson
Public order defences
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Riot (12 or more persons use or threaten
unlawful violence)
Violent disorder (3 or more persons use or
threaten unlawful violence)
Affray (if a person uses or threatens
unlawful violence towards another
Fear or provocation of violence (using
threatening, abusive or insulting words or
behaviour)
Public order defences
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Harassment offences
Racially aggravated offences
Legal terms
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Crime kazneno djelo; kriminal;
kriminalitet; zločin (crime against
humanity zločin protiv čovječanstva; war
crime ratni zločin)
Legal terms
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Indict /in’dait/ to charge with a crime;
podići optužnicu
Indictment /in’daitmƏnt/ a written
statement of the details of the crime with
which someone is charged in the Crown
Court;
optužni prijedlog
Legal terms
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Indictable offence /in’daitƏbl Ə’fens/a
serious offence which is tried in the Crown
Court;
teško kazneno djelo; kazneno djelo koje
se goni po službenoj dužnosti
Examples
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Arson, assassination, assault, bigamy,
blackmail, bribery, burglary,
embezzlement, espionage, extortion,
forgery, fraud, libel, manslaughter,
murder, perjury, piracy, robbery, slander,
smuggling, theft, treason
Translation equivalents
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Arson palež, podmetanje požara
assassination atentat
assault napad; pokušaj nanošenja ozljede
bigamy bigamija, dvoženstvo
blackmail ucjena
bribery mito
burglary provalna krađa
Translation equivalents
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embezzlement pronevjera
espionage špijunaža
extortion iznuda
Forgery krivotvorenje
fraud prijevara
libel kleveta, pisana uvreda
manslaughter ubojstvo iz nehaja, ubojstvo na
mah
murder ubojstvo s predumišljajem
Translation equivalents
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perjury krivokletstvo, lažno svjedočenje,
lažna prisega, davanje lažnog iskaza
piracy bespravno umnožavanje, tiskanje
robbery razbojništvo, razbojnička krađa
slander usmena kleveta
smuggling krijumčarenje
theft krađa
treason izdaja
What’s the difference?
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Assassination?
Manslaughter?
Murder?
The difference is...
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assasination murder of a well-known
person
manslaughter killing someone without
having intended to do so, or killing
someone intentionally but with mitigating
circumstances
murder killing someone intentionally
What’s the difference?
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Burglary?
Embezzlement?
Extortion?
Robbery?
Theft?
The difference is...
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Burglary going into a building, usually by
force, and stealing things
Embezzlement using illegally or stealing
money which you are responsible for as
part of your work
Extortion getting money by threats
The difference is…
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Robbery stealing something using force
or threatening to use force
Theft taking of property which belongs to
someone else
What’s the difference?
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Slander?
Libel?
The difference is...
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Slander: an untrue spoken statement
which damages someone’s character
Libel: a published or broadcast statement
which damages someone’s character
What’s the difference?
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Piracy?
Forgery?
The difference is...
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Forgery the crime of making an illegal
copy of something such as document or
banknote to use as if it were real
Piracy the activity of copying patented
inventions or copyright works
Match the crimes to definitions:
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Arson, assassination, assault, bigamy,
blackmail, bribery, burglary,
embezzlement, espionage, extortion,
forgery, fraud, libel, manslaughter,
murder, perjury, piracy, robbery, slander,
smuggling, theft, treason
Name the crime
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1._______acting in such a way as to make
someone believe he or she will be hurt
2. ______betraying your country to a
foreign power
3. ______copying patented inventions or
copyrighted works
4. _____entering a building illegally and
stealing things
Name the crime
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5.____getting money from people by
threatening to publicise facts they do not want
revealed
6. ____getting money from people using threats
7. ____getting property or money from people
by making them believe untrue things
8. ___going through a ceremony of marriage
when you are still married to someone else
Name the crime
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9. ____killing a public figure illegally and
intentionally
10. ____killing someone illegally and
intentionally
11. ____killing someone unintentionally or
in mitigating circumstances
12. ____making an illegal copy of a
banknote or document
Name the crime
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13. ___offering money corruptly to get
someone to do something to help you
14. ___saying something which damages
someone’s character
15. ____setting fire to a building
16. ____stealing something by using force
or threatening to use force
17. ____stealing, taking property which
belongs to someone else
Name the crime
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18. ____taking goods illegally into or out of a
country
19. ___telling lies when you have sworn an oath
to say what is true in court
20. ___trying to find out secrets by illegal means
21. ___using illegally or stealing money which
you are looking after for someone else
22.___writing, publishing or broadcasting a
statement which damages someone’s character
2. Name the crime
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“I arrived home late and found that I’d
forgotten my keys. I didn’t want to wake
my wife up, and I saw there was a ladder
in the garden of the house next door. I
got the ladder and climbed in. We’ve just
moved house and I didn’t realise I was in
the wrong street...”
2. Name the crime
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“I was walking my dog when I saw the
gun lying on the ground. I picked it up – it
was still warm – and at that moment I
saw the body lying in the long grass. I
went across to look and it was my
business partner. That’s when the police
arrived...”
2. Name the crime
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“I opened the bank account in a false
name as a way to help my employer pay
less tax – it’s perfectly legal. I kept
meaning to tell him, but somehow I just
forgot. I bought the villa in France with
my own money. It was an inheritance...”
2. Name the crime
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“”OK, so there are 123 copies of the
video. That’s perfectly true, but I had no
intention of selling them. I’m a collector.”
2. Name the crime
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“Well, this obviously isn’t my suitcase. I’ve
never seen these things before in my life.
The monogram? Well, they are my initials,
but that must be a coincidence. That’s
probably how the two cases got mixed up.
After all, JA aren’t very unusual initials. A
photograph with me in it? My word, that’s
incredible! It must be someone who
knows me...”
2. Name the crime
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“I didn’t know my wife was still alive, I
thought she’d died in a car accident. I
couldn’t believe it when I saw her walk
into the room. Surely you don’t think I
married you just to get your money...?”
2. Name the crime
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You misunderstood me. When I offered
him the money I meant it as a gift. I know
that life can be difficult for a young man
on a police salary, especially if he has a
family, young children etc. It isn’t easy
and I know that. I just wanted to help. I
didn’t expect him to do anything in
return...”
2. Name the crime
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“After leaving the office i realised I’d forgotten
my umbrella. I went back in to get it. When I
went in I noticed that the photocopier was still
turned on. It had been working very badly all
day, and I decided to quickly see what was
wrong with it before going home. I made a few
test copies of documents that were in the office;
I didn’t even look at what I was copying. The
machine seemed to be working much better. I
put the copies in my briefcase – intending to use
the other side as notepaper. I don’t believe in
wasting paper. At that moment Mr Sanders
came out of his office...”
2. Name the crime
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“I painted them for pleasure. I had no
intention of deceiving people. I never said
they were by other people. Yes, I did
include the signatures of other artists but
that’s because I wanted them to be
perfect copies...”
2. Name the crime
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“Mr. Williams sent me the money to help me in
my business venture – I’m trying to start a
design agency. He sent me cheques every
month for $1200. A couple of times he sent
extra when I had special expenses. It was
always understood that he would participate in
the profits of the business when it was running.
We didn’t write anything down, it was an oral
agreement. The photographs I have of him with
his secretary have no connection with these
payments.”
Assignment
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Write a defence for another crime and
show it to other students in your class.
See if they can guess what crime you are
thinking of.