Dreptul penal
Infracțiuni contra persoanei și proprietății, apărări, pedepse și procedura penală.
Introducere
Dreptul penal definește comportamentele interzise de stat și pedepsele aplicabile.
Principii fundamentale
Actus Reus — The physical element of a crime: a voluntary act, an omission (where there is a duty to act), or a state of affairs. The act must be voluntary (R v Larsonneur [1933] remains controversial).
Mens Rea — The mental element: intention (direct or oblique, as in R v Woollin [1999]), recklessness (R v Cunningham [1957] for subjective recklessness), negligence, or strict liability (no mens rea required).
Coincidence of Actus Reus and Mens Rea — Both elements must coincide in time, though the courts apply the 'continuing act' theory (Fagan v Metropolitan Police Commissioner [1969]) or 'transaction' principle to ensure justice.
Causation — The defendant's act must be both the factual cause ('but for' test) and the legal cause (operating and substantial cause) of the prohibited consequence. Intervening acts may break the chain of causation (R v Smith [1959]).
Murder — Unlawful killing with intention to kill or cause GBH (R v Vickers [1957]). The mandatory sentence is life imprisonment.
Manslaughter — Voluntary manslaughter (loss of control under s.54 Coroners and Justice Act 2009, or diminished responsibility under s.52) and involuntary manslaughter (unlawful act manslaughter or gross negligence manslaughter — R v Adomako [1995]).
Defences — Self-defence (s.76 Criminal Justice and Immigration Act 2008), duress (R v Hasan [2005]), intoxication (R v Majewski [1977] — distinguishing specific and basic intent), insanity (M'Naghten Rules [1843]), and automatism.
Inchoate Offences — Attempt (Criminal Attempts Act 1981), conspiracy (Criminal Law Act 1977), and encouraging or assisting crime (Serious Crime Act 2007).
Statute cheie
Offences Against the Person Act 1861
Theft Act 1968
Criminal Justice Act 2003
Sexual Offences Act 2003
Coroners and Justice Act 2009
Cazuri de referință
Scenarii comune
Pub fight resulting in serious injury
Depending on intent and severity, charges range from common assault (s.39 Criminal Justice Act 1988) to ABH (s.47 OAPA 1861), wounding/GBH (s.20 — reckless, or s.18 — intentional). Self-defence is available if the force used was reasonable in the circumstances as the defendant believed them to be.
Shoplifting from a retail store
Theft under s.1 Theft Act 1968 requires dishonest appropriation of property belonging to another with the intention of permanently depriving. The Ghosh test for dishonesty has been replaced by the Supreme Court's test in Ivey v Genting Casinos [2017].
Driving dangerously and causing a death
Causing death by dangerous driving (s.1 Road Traffic Act 1988) carries a maximum of life imprisonment following the Police, Crime, Sentencing and Courts Act 2022. The prosecution must prove the driving fell far below the standard of a competent and careful driver.
Sharing intimate images without consent
Under s.33 Criminal Justice and Courts Act 2015 (the 'revenge porn' law), disclosing private sexual photographs without consent and with intent to cause distress is a criminal offence carrying up to 2 years' imprisonment.