CRIMINAL LAW - GENERAL NOTES

REVISION FROM RECORDED LECTURES

Why do we criminalise?

The need to balance Autonomy (freedom to do what you like) and Welfare (the requirement to protect others from the act of one individual).

Mens reas



Intention
Ø Direct Intent
Ø Oblique Intent – Medric and Woolin

Subjective recklessness
Ø Criminal damages and non-fatal offences against the persons

Objective reckless: The risk was not foreseeable by the defendant but a reasonable person could have























Strict liability


Responsibility and voluntariness

Mistake of law don’t mitigate from criminal liability Candy – Ice cube coin.
Mistake of fact – if you make a mistake as to the fact you should be judged as you honestly belief them - DPP v Morgan – The defendant who had sex with a man’s wife based on what the man said. His belief was absurd and was aware that the. Outside sexual offence Morgan still applies.

Transferred Malice
Correspondence Principle - Church (1965)
Continuing (Parking on policeman foot) - Fagan
Miller failed to put to put out the fire (Omission) – Miller


NON-FATAL OFFENCE AGAINST THE PERSON


Assault and Battery
Ø Immediate and unlawful apprehension of harm Island and Bastow (the leading case) D phoning people and saying nothing.
Ø Brown – Public policy is only available where victim is consenting to intentional arm. Confined
Ø Wilson – the motive us love
Ø Dica – consent with fraud
Ø Gonzani – consent is not

Assault occasioning bodily arm s.47 of the OAPA
Ø Savage v Parmenta - Injured the mistress of her husband – constructive crime, mens rea for minor offence and construct for the greater offence.
Ø Brown – Public policy is only available where victim is consenting to intentional arm. Confined
Ø Wilson – the motive is love
Ø Dica – consent with fraud
Ø Gonzani – consent is not