Criminal Law

MARD1012 AND DMOE2003

Sarita Mahabir-Lee

OUTLINE

Criminal Law

Crime

Defences

Liability

Levels of crime

Levels of Punishment

The Criminal Process Arrest to Conviction and Appeals

Process and Rights

CRIME

There are many ways to define crime. The Webster

dictionary defines crime as:

an act or the commission of an act that is forbidden or the

omission of a duty that is commanded by a public law and
that makes the offender liable to punishment by that law;
especially : a gross violation of law

a grave offense especially against morality

something reprehensible, foolish, or disgraceful

A legal definition was put forth by Duhaime as follows:

"A crime is a wrongful act of such a kind that the State

deems it necessary, in the interests of the public, to
repress it; for its repetition would be harmful to the
community as a whole.

CRIME

Our Police Training College defines a crime as:

An unlawful act or default which is an offence against the

public or the State and renders a person guilty of the Acts
liable to punishment

This arising out of a decision by the House of Lords in Board of

Trade v Owen (1957)

However, many legal texts refrain from providing a

definition and instead lean towards providing
characteristics which are found in criminal acts, such as

A public wrong where acts have a particularly harmful effect

on the public

A moral wrong where acts are considered to be morally

wrong, but more so where these immoral acts result in a
wrong or harm to another

CRIME

The elements of Crime are:

Mens rea

Actus Reus

Both of these elements must be present at the same point

in time for Crime to occur.

ACTUS REUS

Actus reus may be an act, omission or a state of affairs, and is made

up of 3 components.

Crimes can be said to be conduct crimes or result crimes. We will

therefore consider the nature of actus reus in both of these.

The victims conduct are also relevant in determining and showing

actus reus.

Can be further broken down into 3 sub-components.

Conduct

Circumstances

Requires proof of the defendants action. Central to most crimes. May not
require proof of any result or circumstance.

Requires that conduct takes place within a set of defined circumstances.

Consequence

Requires proof of a result. Eg homicide and assault

MENS REA

Mens rea in its literal translation, means Guilty mind.

It is the mental element required by the definition of the particular

crime.

The forms that mens rea can take are;

Intention - a person intends to cause a result if he acts with the purpose

of doing so.

Recklessness there is no intent to cause harm, but a conscious action is

taken which has a high risk of causing harm.

Negligence - an unjustifiable risk is not consciously taken. It is taken

inadvertently.

Blameless inadvertence - a consequence is reasonably not foreseen to

follow an act

RECAP

http://www.bing.com/videos/search?q=actus+reus&vi
ew=detail&mid=5F458FB20D669FA556AF5F458FB20D669FA
556AF&first=0&FORM=NVPFVR

DEFENCES

There are many defences for a Criminal act. However,

the considerations to be made when considering a
defence are laid out below:

that actus reus must be established in the absence of a

valid defence

if the conduct established was willed and voluntary

that a defendant should only be liable where he/she is of

sufficient capacity

that despite the actus reus and mens rea being present,
there is some justifying or excusing circumstance

CAPACITY

Key to the concepts of the actus reus being willed and

voluntary and an accused being liable only where he is
of sufficient capacity.

So what is capacity?

A capacity defense - is used in both criminal and civil

actions to describe a lack of fundamental ability to be
accountable for one's action that nullifies the element of
intent when intent is essential to the action, thereby
relieving a person of responsibility for it.

Capacity relates to soundness of mind and to an intelligent

understanding and perception of one's actions

DEFENCES

Once these Considerations are made, then the Appropriate defence

can be chosen. The main defences are highlighted below.

Capacity and Mental conditions

Insanity

Non insane automatism

Self induced automatism

Intoxication

Mistake

Infancy

General Defences

Duress

Necessity

Superior orders

Entrapment

Impossibility

Insanity

Whenever a defendant is committed to custody for trial

and the courts are satisfied that he is suffering from
mental illness, an order may be made for that person to
be confined to a hospital and then return to court when
he is well enough.

The jury decides whether the person is in fact insane or

not.

A person can also be unfit for trial in certain instances

where he is unfit to plead.
There are 6 rules to determine if the defendant has
sufficient ability to plead.

6 Rules as laid out in EWCA

Crim 3452 (2003)

To understand the charges

To understand the plea

To challenge the jurors

To instruct counsel

To understand the course of trial

To give evidence if he chooses

TEST FOR INSANITY AND

LIMITS TO AUTOMATISM

MNAUGHTEN RULES. It must be proven that;

at the time of the committing of the act, the party

accused was labouring under such a defect of reason, from
a disease of the mind, as not to know the nature and
quality of the act he was doing; or, if he did know it, that
he did not know he was doing what was wrong.

NON INSANE AUTOMATISM

A claim by a defendant that his consciousness was so

impaired that he was acting in a state of physical
involuntariness.

Self induced automatism arises from the defendants

voluntary conduct. EG his taking of a bona fide
prescription drug in most cases. Available as a defence
to all crimes but loss of control must be absolute

INTOXICATION

Negates the existence of mens rea

MISTAKE

DPP v Morgan

A defendants mistake of facts will result in acquittal in

all crimes of mens rea where it prevents the defendant
from possessing the relevant mens rea which the law
requires for the crime

INFANCY

7-14 sufficient capacity is not present

Under 7 as per the law, these children are incapable of

committing a crime.

CLASSIFICATION OF CRIMES

CRIMINAL PROCESS IN
TRINIDAD AND TOBAGO

The following Statutes are some of the statutes applicable

in Criminal Cases:

Bail Act 4:60

Criminal Law Act 10:04

Criminal Offences Act 11:01

Criminal Procedure Act 12:02

Criminal Procedure Corporations Act 12:03

Criminal Procedure Plea Discussion and Plea Agreement Act

13:07

Evidence Act 7:02

Jury Act 6:53

Indictable Offences (Preliminary Inquiry) Act 12:01

Legal Aid and Advice Act 7:07

ARREST TO PRELIMINARY INQUIRY

PRE-TRIAL TO APPEALS

RIGHTS

Due process of law

A fundamental, constitutional guarantee that all legal

proceedings will be fair and that one will be given notice
of the proceedings and an opportunity to be heard before
the government acts to take away one's life, liberty, or
property. Also, a constitutional guarantee that a law shall
not be unreasonable, arbitrary, or capricious.

Constitutional Rights

Right to legal representation

REFERENCES

Omerod, D. (2005). Smith and Hogan Criminal Law.

Oxford University Press. Oxford. 11th ed.