Criminal Law Principles Flashcards

What is the actus reus of burglary under s.9(1)(a) Theft Act 1968?

Answer: Entering a building or part of a building as a trespasser with intent to steal, inflict GBH, or cause criminal damage

S.9(1)(a) burglary is committed by entering a building (or part of a building) as a trespasser with the intention to steal, inflict GBH, or cause unlawful damage to the building or anything therein.

What is 'fraud by false representation' under the Fraud Act 2006?

Answer: Dishonestly making a false representation with intent to make a gain or cause a loss

S.2 Fraud Act 2006 creates the offence of fraud by false representation: (1) making a false representation, (2) dishonestly, (3) knowing it is or might be untrue, (4) with intent to make a gain for oneself/another or to cause a loss.

What is the defence of 'necessity' in criminal law?

Answer: The defendant committed the offence to avoid a greater evil, where the harm caused was proportionate to the harm avoided

Necessity (sometimes called 'choice of evils') may excuse criminal conduct where the defendant acted to avoid a greater and imminent harm that could not be avoided otherwise, and where the action taken was proportionate (Re A (Conjoined Twins) [2000]).

What is 'joint enterprise' (secondary liability) in criminal law?

Answer: Where two or more persons share a common purpose to commit a crime, each is liable for acts within the scope of that purpose

Under the law of joint enterprise (as restated after R v Jogee [2016]), where two or more persons share a common criminal purpose, each is liable for offences committed pursuant to that purpose. Jogee removed 'parasitic accessory liability' and restored the requirement for intention to assist or encourage.

What is the standard of proof in criminal proceedings?

Answer: Beyond reasonable doubt (the prosecution must prove guilt so that the jury is sure)

In criminal cases, the prosecution must prove the defendant's guilt beyond reasonable doubt — meaning the jury or magistrates must be sure of guilt. The burden of proof rests on the prosecution (Woolmington v DPP [1935]).

What is the 'golden thread' from Woolmington v DPP [1935]?

Answer: The presumption of innocence — the prosecution bears the burden of proving guilt beyond reasonable doubt

In Woolmington v DPP [1935], Viscount Sankey described the presumption of innocence as the 'golden thread' of English criminal law — the prosecution always bears the burden of proving every element of the offence beyond reasonable doubt.