Intro to Crime

• A crime is a criminal wrong
• Defined as a 'crime' because it breaks the law (of Parliament, Common Law, or both)

For a crime to be committed, you need two things:

• Criminal act (Actus Reus)
• Criminal intention (Mens Rea)

Diane Roe's definition:

• A crime is a wrong against the State
• Either by commission or omission
• Classified by the State as criminal
• And one to which a punishment has been attached
• Criminal Law, 3rd Edition, 2005

Proprietary Articles Trade Association v Attorney General for Canada (1931):

• Lord Atkin stated:
• "the criminal quality of an act cannot be discerned by intuition; nor can it be discovered by reference to any standard but one: is the act prohibited by penal consequences?"

Criminal Law and Morals

• There is a conflict between laws and morals
• Some behaviour is just morally wrong, some as just criminally wrong, and others are both

Definition of Crime

• Those who commit crimes are prosecuted by the State (as opposed to civil law where actions are taken by individuals). The CPS will conduct these proceedings
• The State (i.e Government) develops a code of behaviour for the whole of society to adhere to in order to maintain social control and standards in society
• Most criminal law is laid down by Parliament, but some is found in case/common law

Common Law Offences

• Murder is the most well known example of a common law offence
• It is not defined in any statute
• However, originally judges imposed a death penalty for murder until Parliament stepped in and passed the Murder (Abolition of the Death Penalty) Act 1965
• Parliament will step in and provide statutory guidelines when they feel it is necessary to bring the law into line with policy

Conspiracy to corrupt public morals:

• Shaw v DPP (1962)
• The defendant published a book with the names, pictures and services offered by prostitutes and was convicted of conspiracy to corrupt public morals
• There was no alternative statutory offence for the defendant to be convicted of so the judges created this themselves

Marital Rape

• R v R (1991)
• An 18th century precedent stated that a husband could not be guilty of raping his wife. In this case, it was overruled for obvious reasons

• Over many years the judges have developed certain offences and may find it necessary to do so on occasion
• However, in Knuller v DPP (1973), the House of Lords stated that they did not feel it was their remit to create offences and that it should be left to Parliament wherever possible