Bar Part I Legal System study materials
Bar Part I Legal System study resources

Bar Part I Legal System: Criminal law: general principles and offences

Bar Part I Legal System · Work through your exam, one topic at a time.

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Criminal law: general principles and offences

Criminal law: general principles and offences

This domain tests the building blocks of liability: legality, conduct, mental element, causation, participation, and defences. Apply the statute's definition, not moral disapproval.

Core rules

  • Nullum crimen sine lege: an offence and penalty must exist in law before the act; analogy against the accused is barred.
  • Actus reus requires voluntary conduct, sometimes an omission where a legal duty exists; causation must be factual and legal.
  • Mens rea includes intent, knowledge, recklessness, or negligence as the definition requires; motive is generally irrelevant.
  • Attempt requires a substantial step beyond preparation; complicity requires assistance or encouragement with the requisite mental element.
  • Defences include self-defence, necessity, duress, minority, insanity, and mistake; excessive force can reduce but not always excuse.
  • Concurrence requires the mental element to accompany the conduct.

Worked example

A pushes B during an argument; B falls, hits his head, and dies. A intended the push, not death. If the offence is intentional homicide, intent to kill is not proved; if the statute covers bodily harm causing death, the causal link and foreseeability of serious harm must be shown. The push is a factual cause, but legal causation may fail if B's fall was extraordinary.

Traps

Assuming intent to act equals intent to harm; ignoring omission duties; treating motive as mens rea; conflating attempt with preparation; overlooking proportionality in self-defence.