Offences Criminal offences are either recognised at common law or subsist by statute. The elements of the offence will be defined in common law rules or defined by the terms of the statute. Some crimes are categorised in terms of the outcome rather than conduct. Murder and dangerous driving are examples. Conduct that is equally morally blameworthy would not constitute an offence at all if […]
Aiding and Abetting The Criminal Law Act 1997 provides that any person who aids, abets, counsels, or procures the commission of a crime may be indicted, tried, and punished in the same way as the principal offender. Aiding and abetting a crime generally requires that the relevant person be present when the crime is committed. Generally, the person aiding and abetting gives assistance and encouragement to […]
Conspiracy A conspiracy occurs when two or more persons agree to do an unlawful act or to do a lawful act by unlawful means. The agreement constitutes the offence. Conspiracy requires nothing more than an agreement. It does not require any attempt or step to be taken. A conspiracy is an agreement between a number of persons to commit an unlawful act. There are a […]
Incitement Incitement to commit an offence is itself an offence. There is a specific offence of incitement to murder under section 4 of the Offences against the Person Act. There are also several other instances of statutory offences of incitement or counselling of something, which is also an offence. There must be communication and intent for the offence to be committed. Incitement usually involves encouragement and […]
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 […]
Defence 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 involve serious violence, serious injury or death. They may involve immediate death or personal violence so great as to overbear the ordinary powers of human resistance. The manner in which the threat is conveyed is not circumscribed. In […]
Not Generally a Defence Intoxication is not generally a defence in criminal proceedings. In many cases, self-induced intoxication will be an aggravating factor. 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 […]
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 […]
Degrees of Participation Criminal law may penalise not only those who have perpetrated the crime but also others who partake in the same events and who assist or aid the person who committed the crime, whether before or afterwards. The common law distinguishes between different types of participation in the crime. The principal in the first degree is the person who committed the offence. The […]
Incomplete Offences Attempt is a one of a number of so-called incomplete or “inchoate” offences. The term is misleading as the “incomplete” offences are themselves offences. The three types of inchoate 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. Basis of Attempt Offences An […]
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 […]