General Principles of Criminal Law
Principle of individual autonomy
It is the capacity of a rational individual to make an informed, un-coerced decision. In moral and political philosophy, autonomy is often used as the basis for determining moral responsibility for one's actions.
Principle of maximum certainty
The legal system needs to allow the public to regulate their conduct with certainty, and to protect the public from arbitrary use of state power. Legal certainty represents a requirement that decisions be made according to legal rules, i.e. be lawful.
Principle of minimum criminalisation
Making criminalisation a 'last resort' and offering other sanctions rather than criminalisation.
Principle of fair labelling: ensure that the conduct in question matches both the offences convicted of and the sentence;
Principle of mens rea: offences need subjective MR requirement - must personally intend their actions (not strict liability offences);
Principle of correspondence: the required AR and MR of an offence should match;
Principle of contemporaneity: AR and MR should occur at the same time;
Principle of liability for acts, not omissions: should you be liable for not doing something?
Principle of mens rea: offences need subjective MR requirement - must personally intend their actions (not strict liability offences);
Principle of correspondence: the required AR and MR of an offence should match;
Principle of contemporaneity: AR and MR should occur at the same time;
Principle of liability for acts, not omissions: should you be liable for not doing something?