Module 1 criminal law

Bachelor of Laws Programme

Module 1

Exploring Criminal Law

Š George Wessex - 06/01/2018

Imperial College London The Britannian Kingdom

Introduction & Reading List Introduction Welcome to your first module. In this module you you will be looking at criminal law and its relation to the Criminal Code. Furthermore, you will anaylse the elements of criminal law which may be present.

Outcome 1

1.1 Understand the principle of criminal law.

Outcome 2

2.1 Understand the term misdemeanor and its relation to the Criminal Code.

2.2 Understand the term felony and its relation to the Criminal Code.

Outcome 3

3.1 Understand the six elements of criminal law.

Reading List Criminal Code Act (2016)

Second Constitution of Britannia

What is Criminal Law? Criminal law relates to the area of law which is focused on crime.

It regulates social conduct and proscribes whatever is threatening, harmful or otherwise endangering to the property, health, safety or moral welfare of people.

It includes the punishment of people who violate these laws. Criminal law is usually governed by a Criminal Code.

The Criminal Code compiles all (or a significant amount of) offences. Britannia is governed by the Criminal Code Act (2016).

Breaking Criminal Law Down The Criminal Code Act (2016) can be broken down into two elements; misdemeanors and felonies.

Let’s explore these now.

Misdemeanor

A misdemeanor is considered a lower level crime. Examples of a misdemeanor include but are not limited too; breach of the peace, discrimination and harassment. The Criminal Code specifies that these crimes are punishable in a variety of ways depending on each crime.

Felony

A felony is considered as a ‘dangerous’ criminal offence. An example of this could be (but is not limited too); assault or breaching the terms of service or use. The Criminal Code specifies that these types of crimes could result in a lifetime ban, 7 day ban or even the lose of certain priviledges.

Elements of Criminal Law Part 1

An element of a crime is a set of facts which must all be proven to convict a defendant of a crime.

The prosecution must present evidence that, even when opposed by evidence of the defence, is credible and sufficient to prove beyond reasonable doubt that the defendant committed each element of the particular crime for which they are charged.

Mens Rea Mens Rea refers to the defendants mental state and intent. The criminal act must be voluntary and purposeful.

Actus Reus Actus Reus refers to conduct. A criminal act or an unlawful omission of an act, must have occurred.

This element is based on the standards of proof.

Concurrence Mens Rea and Actus Reus must occur at the same time. The criminal intent must precede or coexist with criminal act (or in someway activate the act).

Mens Rea may not be present until the act has been committed.

Elements of Criminal Law Part 2

Causation Some crimes include an element that actual harm must occur (i.e causation must be proved). For example, aggravated battery requires serious bodily injury and without that respective outcome, the respective crime would not have been committed. Causation is generally difficult to prove.

Corpus Delicti Corpus Delicti refers to the principle that a crime must be proved to have occurred before a person can be convicted of committing that crime.

Impossibility Defence An impossibility occurs when, at the time of the attempt, the facts make the intended crime impossible to commit.

Assessment

Congratulations! You have reached the end of Module 1.

Please complete contact your Lecturer in order to access your assessment.