criminal law is set by the state where Parliament makes the law such as the theft act or by issuing regulations.
1 of 13
what is conduct criminalised by the judges?
some conduct is criminalised by judges rather than the state this occurs when judges create new criminal offences through case law.
2 of 13
what is an example of conduct criminalized by judges?
the offence of Conspiracy to corrupt public morals.
3 of 13
what is the case of Shaw V dpp?
the defendant published an advertisement of prostitutes names addresses and the services they would be offering and he was charged with conspiracy to corrupt public morals.
4 of 13
what is another offence created by judges?
marital ****. before the case the law held that a husband could not be guilty of ****** his wife as she was assumed by the fact of marriage to consent to sexual intercourse with him.
5 of 13
what is the rules of the standard of proof?
the prosecution has to prove the case against the defendant. there are rules on the level to which the case has to be proved. there must be standard proof.
6 of 13
what do the prosecution have to prove for the burden of Proof?
they must prove both the required actus Reus and require mens rea.
7 of 13
what is the case woolmington V dpp?
the defendant's wife had left him and gone to live with her mother when the defendant went to the mother's house he shot his wife. he claimed that he went to the mother's house and told his wife that if she wasn't to return to him then he would kill
8 of 13
himself hence why he had a loaded shotgun under his coat. when she refused to come back to him he pulled out the shotgun and put it to his head to prove that he would actually do it. he claimed that his wife tried to pull away the gun but accidentall
y shot herself and died.
9 of 13
what were the points which the House of Lords regarded as fixed matters on English law?
the prosecution must prove the case , this rule applies to all criminal cases, guilt must be proved beyond reasonable doubt , a reasonable doubt can be read by evidence from either the prosecution or defence.
10 of 13
what is raising a defence?
if the defendant raises a defence than it is for the prosecution to disprove that defence.
11 of 13
what is reverse Burden?
if the defendant claims that he or she was insane at the time of the Crime the burden of proving this is on him or her.
12 of 13
what is the definition of a crime?
where it is Forbidden by the state and for which there is a punishment.
13 of 13
Other cards in this set
Card 2
Front
what is conduct criminalised by the judges?
Back
some conduct is criminalised by judges rather than the state this occurs when judges create new criminal offences through case law.
Card 3
Front
what is an example of conduct criminalized by judges?
Comments
No comments have yet been made