Criminal Law
What the exam tests
Criminal Law tests legality, elements of crime, intent and negligence, stages of crime, joint crime, defences, punishment, and selected offences. Precision matters: the difference between attempt and preparation, or between self-defence and excessive force, often decides the answer.
Core rules
- Article 3 embodies legality: no act is a crime and no punishment may be imposed unless expressly provided by law. Analogy against the defendant is prohibited.
- A crime generally requires a culpable act, causation, and mens rea. Intent includes direct and indirect intent; negligence includes negligence and overconfidence.
- Attempt begins when the offender starts to commit the act but fails for reasons outside their will; preparation is earlier and may be exempted or mitigated. Discontinuation requires voluntary abandonment and effective prevention of the result.
- Joint crime requires two or more persons with common intent; negligent joint conduct is not joint crime.
- Self-defence must be against an ongoing unlawful infringement and within necessary limits. Excessive force may reduce or exempt liability.
Worked example
A thief grabs a woman's bag and runs. She chases him, and when he turns to strike her, she hits him with a stone, causing serious injury. The analysis: the unlawful infringement is ongoing; the woman acts to protect her property and person. The force is assessed against the threat at the moment, not with hindsight. If the thief's strike created a serious danger and the stone was necessary to stop it, this is self-defence, not excessive force. If the thief was already subdued and fleeing, force after that point may become retaliation. The key is timing and necessity.
Traps
Do not confuse attempt with preparation. Do not treat voluntary abandonment as mere failure. Do not say negligence can found joint crime. Do not assume every killing is intentional homicide; check mens rea. Do not apply adult age rules without the Amendment XI exception for ages 12–14 in specified serious cases. Do not ignore necessity or self-defence.