Criminal Liability

Criminal Liability is if they are guilty of an offence.

They can be found guilty in one of three ways:

1) The defendant’s conduct leads to the act

2) State of mind

3) Whether there is a defense

Burden of Proof – must provide sufficient evidence to support argument that defendant is guilty – A6 HMRA Right to a fair trial - The idea is that the defendant is innocent until proven guilty.

Woolmington 1935 AC 462 – duty of prosecutor to prove guilt of defendant

Always phrase your answer in a way that states it’s the prosecution having to prove guilt. Not that it’s the defenses job to prove they are innocent.

There are two defenses where the defendant must have proof to utilise them:

1) Insanity

2) If they defendant is claiming diminished responsibility they must prove that they where incapable (S2(2) Homicide Act 1957 expressly states that this must be proven)

There became a small debate over whether a defendant could be tried under statute law legally and need to prove these defenses.

THE ANSWER IS YES - R v DPP, ex p Kebilene (1999) provided it is reasonable and proportionate to reverse that element to the defendant.

R v Lambert (2002) Lord Steyn - courts must focus on the extent the reversal is connected to the moral  dimension of the offence through mens rea requirement. Burden is on state to prove legislative means are no greater than required. See - Sheldrake v DPP; AG Ref (No 4 of 2002) (2005)

This basically means that it is on the defendant to prove that they where not in the right frame of mind and that they had compromised frame of mind at the time of the criminal offence.

Mens Rea - A person's awareness of the fact that his or her conduct is criminal, is the mental element, and actus reus, the act itself, is the physical element.

If crime has the Mens Rea requirement, failure to prove the mens rea means the defendant will be acquitted - Do not concentrate on this - mens rea can be proved from what is inferred from what the defendant did or did not do.

S8 Criminal Justice Act 1967 - court or jury -

a) not bound by law to infer that he intended or foresaw a result by reasons of being natural and probable

b)decide whether he did intend or foresee that result by reference to all the evidence

Law of commission is very active in the field of criminal law, many are recommended for reform.

HRA 1998 little impact on existing laws, A6 hasmainly affected procedural than substantive criminal law matters. Two however may be affected A2 Right to life - self defense against an aggressor. A7 cannot operate retrospectively. If something is not a crime when you commit it then you can not be charged.