FE-1 Criminal Law — Questions and Answers
Question 1: Under Irish criminal law, what are the two essential elements that must be proved for most criminal offences?
- Actus reus (guilty act) and mens rea (guilty mind) (Correct answer)
- Motive and opportunity
- Confession and corroboration
- Intent and premeditation
Correct answer: Actus reus (guilty act) and mens rea (guilty mind)
Most criminal offences in Ireland require proof of both the actus reus (the physical element or guilty act) and the mens rea (the mental element or guilty mind). Strict liability offences are an exception where mens rea is not required.
Question 2: What is the standard of proof in criminal proceedings in Ireland?
- Beyond reasonable doubt (Correct answer)
- On the balance of probabilities
- Clear and convincing evidence
- Prima facie evidence
Correct answer: Beyond reasonable doubt
In criminal proceedings, the prosecution must prove the accused's guilt beyond reasonable doubt. This is a higher standard than the civil standard (balance of probabilities) and reflects the serious consequences of criminal conviction.
Question 3: Under the Criminal Justice (Theft and Fraud Offences) Act 2001, what is the offence of theft?
- Dishonestly appropriating property without the consent of its owner with the intention of permanently depriving the owner of it (Correct answer)
- Taking any property belonging to another person
- Borrowing property without permission
- Finding lost property and not returning it
Correct answer: Dishonestly appropriating property without the consent of its owner with the intention of permanently depriving the owner of it
Section 4 of the 2001 Act defines theft as dishonestly appropriating property without the consent of its owner and with the intention of depriving the owner of it. The key elements are dishonesty, appropriation, and intent to permanently deprive.
Question 4: What is the defence of self-defence under Irish criminal law?
- A person may use reasonable force to protect themselves or others from an imminent threat of unlawful force (Correct answer)
- A person may use any level of force if they feel threatened
- Self-defence only applies to physical attacks, not verbal threats
- Self-defence is not available if the defendant started the altercation
Correct answer: A person may use reasonable force to protect themselves or others from an imminent threat of unlawful force
Under the Non-Fatal Offences Against the Person Act 1997 (s.18-20) and common law, a person may use reasonable force to defend themselves or another person. The force must be proportionate to the threat and the threat must be imminent.
Question 5: What is the role of the Director of Public Prosecutions (DPP) in the Irish criminal justice system?
- To decide whether to prosecute criminal cases and to direct prosecutions on indictment (Correct answer)
- To judge criminal cases in the Circuit Court
- To investigate crimes alongside An Garda Síochána
- To represent defendants who cannot afford legal representation
Correct answer: To decide whether to prosecute criminal cases and to direct prosecutions on indictment
The DPP is an independent officer who decides whether to initiate or continue criminal prosecutions. The DPP directs all prosecutions on indictment and may also direct summary prosecutions. The office operates independently of the Government.
Question 6: Under Irish law, what is the difference between summary offences and indictable offences?
- Summary offences are tried in the District Court without a jury; indictable offences are tried in higher courts, usually with a jury (Correct answer)
- Summary offences are more serious than indictable offences
- Summary offences require a written indictment
- Indictable offences can only be tried in the Supreme Court
Correct answer: Summary offences are tried in the District Court without a jury; indictable offences are tried in higher courts, usually with a jury
Summary offences are minor offences tried in the District Court by a judge alone. Indictable offences are more serious and are generally tried before a judge and jury in the Circuit Court or Central Criminal Court.
FE-1 Criminal Law
Under Irish criminal law, what are the two essential elements that must be proved for most criminal offences?