Fault The fact that the prosecution establishes that the defendant caused the particular prohibited conduct, is not usually enough to establish criminal responsibility. Offences usually require a mental element. More serious crimes require a mental element such as intention or recklessness. Other, particularly regulatory, offences may require only proof of the act and causation where applicable. They are “strict liability” offences. The law may require […]
Crimes In its broader sense, criminal law covers what are traditionally called crimes as well as many thousands of regulatory offences that are designed to uphold and enforce certain administrative and regulatory objectives. Throughout this guide are numerous references to such offences. The traditional and well-known crimes typically involve a mental element of deliberate or reckless behaviour. In contrast, many regulatory offences are offences of […]
Duress If the accused’s action were caused by threats, the defence of duress may be available. Duress may make the offence involuntary. The threats must generally be of serious violence, serious injury or death. It may be one of immediate death or personal violence which is so great as to overbear the ordinary powers of human resistance. However, in principle, there is no limitation of […]
Not Generally a Defence Intoxication is not generally a defence in criminal proceedings. In principle, intoxication may be relevant to whether a person has the requisite guilty mind, which is an element of many of the more serious crimes which usually require intention or recklessness. However, the courts lean strongly against the argument that intoxication may be a defence and may negate a mens rea […]
General The more serious crimes have both an act and a mental element. The “act” is the act and entire consequences, which constitutes the prohibited behaviour. The mental element is the requisite degree of intention, recklessness, or carelessness, which must accompany the act in order to constitute the crime. In the case of the more serious, it is usually necessary that they are intended, or […]
Fit for Trial The law relating to criminal insanity was reformed in 2006. The Central Mental Hospital was designated as a centre for the reception, detention, care and maintenance of persons admitted or transferred there under the legislation. A psychiatric centre may also be a Designated Centre for the purposes of the legislation. The legislation on insanity applies where in the course of the trial […]
Mental Health Criminal Law Review Board The legislation establishes the Mental Health Criminal Law Review Board. It is independent in the exercise of its functions and shall have regard to the welfare and safety of persons whose detention or conditions of discharge it reviews and for the public interest. The Review Board holds sittings for its functions and may receive evidence. It must take account […]
Procurement Procurement involves taking steps to bring the desired result into effect. A person who hires another to undertake a crime may be guilty of procurement. There need not be a formal agreement. It does not require conspiracy or agreement between the principal offender and the person who procured the crime. Procurement or counselling a crime generally involves assistance and advice prior to the commission […]
The following are so-called incomplete offences. The term is misleading as the “incomplete” offences are themselves offences. The three types of offence are attempting, conspiring, or inciting to undertake the principal offence. For example, attempted murder, incitement to theft, and conspiracy to cause malicious damage are each offences of themselves. Attempts Intention by itself is not enough. There must be some act constituting the […]
The common law defence of insanity was set out definitively in the English case R v M’Naghten in 1843. The accused was labouring under the belief that he was being persecuted by the Tory party and hence had to kill the British Prime Minister.At his trial, the judges set down what became known as the M‟Naghten Rules. Firstly, it must be clearly shown that, at […]