Criminal LawMARD1012 AND DMOE2003Sarita Mahabir-Lee

OUTLINECriminal LawCrimeDefencesLiabilityLevels of crimeLevels of PunishmentThe Criminal Process Arrest to Conviction and AppealsProcess and Rights

CRIMEThere 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 disgracefulA 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.

CRIMEOur 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 punishmentThis 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 asA public wrong where acts have a particularly harmful effect on the publicA 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

CRIMEThe elements of Crime are:Mens reaActus ReusBoth of these elements must be present at the same point in time for Crime to occur.

ACTUS REUSActus 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. ConductRequires proof of the defendants action. Central to most crimes. May not require proof of any result or circumstance.CircumstancesRequires that conduct takes place within a set of defined circumstances.ConsequenceRequires proof of a result. Eg homicide and assault

MENS REAMens 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

RECAPhttp://www.bing.com/videos/search?q=actus+reus&view=detail&mid=5F458FB20D669FA556AF5F458FB20D669FA556AF&first=0&FORM=NVPFVR

DEFENCESThere 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 defenceif the conduct established was willed and voluntarythat a defendant should only be liable where he/she is of sufficient capacitythat despite the actus reus and mens rea being present, there is some justifying or excusing circumstance

CAPACITYKey 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

DEFENCESOnce these Considerations are made, then the Appropriate defence can be chosen. The main defences are highlighted below.Capacity and Mental conditionsInsanityNon insane automatismSelf induced automatismIntoxicationMistakeInfancyGeneral DefencesDuressNecessitySuperior ordersEntrapmentImpossibility

InsanityWhenever 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 chargesTo understand the pleaTo challenge the jurorsTo instruct counselTo understand the course of trialTo give evidence if he chooses

TEST FOR INSANITY AND LIMITS TO AUTOMATISMMNAUGHTEN 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 AUTOMATISMA 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

INTOXICATIONNegates the existence of mens rea

MISTAKEDPP v MorganA 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

INFANCY7-14 sufficient capacity is not presentUnder 7 as per the law, these children are incapable of committing a crime.

CLASSIFICATION OF CRIMES

CRIMINAL PROCESS IN TRINIDAD AND TOBAGOThe following Statutes are some of the statutes applicable in Criminal Cases:Bail Act 4:60Criminal Law Act 10:04Criminal Offences Act 11:01Criminal Procedure Act 12:02Criminal Procedure Corporations Act 12:03Criminal Procedure Plea Discussion and Plea Agreement Act 13:07Evidence Act 7:02Jury Act 6:53Indictable Offences (Preliminary Inquiry) Act 12:01Legal Aid and Advice Act 7:07

ARREST TO PRELIMINARY INQUIRY

PRE-TRIAL TO APPEALS

RIGHTSDue process of lawA 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 RightsRight to legal representation

REFERENCESOmerod, D. (2005). Smith and Hogan Criminal Law. Oxford University Press. Oxford. 11th ed.

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