Principles

Question 1

Respect for human rights

Answer 1

• Basic protection of each individuals human rights demonstrated through the way the law conducts its self

Question 2

Minimal criminalisation

Answer 2

• Minimum criminalisation necessary to achieve the aim that was intended by parliament.

Question 3

No omission liability

Answer 3

• Would not be guilty for failing to act in a specific situation

Question 4

Harm principle and who created it

• 3 examples
• 1 case

Answer 4

• John Stuart Mill
• “The only purpose for which power can be rightfully exercised over any member of a civilized community, against his will, is to prevent harm to others.”
• Therefore if one wishes to harm themselves they should be allowed.
• pornography
• wearing a seat belt
• choosing to engage in rough sexual activity such as beatings although all consensual.
• R v Brown 1994

Question 5

Non-retro activity

Answer 5

• Laws that are recently changed should not have negative effects on those who’s actions in the past would now be deemed criminal.

Question 6

proportionality

Answer 6

• The sentence should be proportionate to the crime

Question 7

Correspondence

Answer 7

• The AR and the MR should correspond for someone to be held liable

Question 8

Harm principle and who created it

Answer 8

• John Stuart Mill
• “The only purpose for which power can be rightfully exercised over any member of a civilised community, against his will, is to prevent harm to others.”

Question 9

Constructive liability

Answer 9

• Once you have crossed a moral threshold you should be liable for all the consequences.
• Relates to one punch killers

Question 10

Social defence

Answer 10

• The law should be used to protect society

- Opposite to minimal criminalisation in the argument the law should actually be used more.

Question 11

R v Brown 1994

Answer 11

• five appellant convicted on counts of ABH and wounding a under the OAPA 1861.
• injuries were inflicted during consensual homosexual sadomasochist activities.
• The trial judge ruled that the consent of the victim conferred no defence

Question 12

Autonomy

Answer 12

• Respect for each persons individual choices

- Exception for the mentally unstable

Question 13

Thin ice

- 1 case

Answer 13

• If you skate on thin ice be prepared to fall in

- B v DPP 2000

Question 14

B v DPP 2000

Answer 14

• Boy aged 14 charged with inciting a child under 14 to commit an act of gross indecency.
• He sat next to a 13 year old girl on a bus and repeatedly asked her to perform oral sex with him.
• The boy believed the girl was over 14.
• Strict liability offence