Criminal law is the branch of law concerning the prosecution and sentencing of a person, corporation or other entity for an act or omission which constitutes a crime. It is a most coercive and intrusive form of involvement by an agency of the state in the lives of its citizens. In nearly all cases, criminal prosecutions are conducted by agencies of the state, although rarely, private individuals may initiate prosecutions.

Criminal offences may be divided into three broad categories. True crimes are those offences which are generally thought of as “criminal” such as murder, arson, robbery, burglary etc. For an offender to be convicted of one of these offences, it is usually necessary for the prosecution to prove not only that the offender carried out certain acts (such as entering a building) but that he or she had a certain intention in doing so. The physical acts are termed the “actus reus” of the offence, while the mental requirement is termed the “mens rea.” For example, an assault requires the intentional application or threat of application of unwanted force to another. If the application is accidental there is no assault.

A second category of criminal offences are regulatory offences. These are offences that are created by a broad variety of statutes. Most have a public welfare basis to them. Offences such as excess breath alcohol, careless driving or depositing dangerous litter are examples. Many of these offences do not require proof of any intent on the part of the offender although there is a defence if the offender can prove that he or she took all reasonable care to avoid the offending behaviour. These are termed “strict liability” offences. Driving with excess breath alcohol is an example. It is no excuse for the offender to claim that he or she did not intend to exceed the breath limit, but a defence exists if the offender unknowingly consumed alcohol. A few of these offences are absolute liability, which means that even if all reasonable precautions were taken, there is no defence.

Finally, there are minor offences, which are breaches of regulatory offences which do not result in a criminal conviction. Speeding and parking are examples. Mostly these are dealt with by way of an infringement notice which sets out the penalty (a fine) which applies.

Criminal defence involves representation of the accused at all stages of the prosecution process. In New Zealand law, the majority of criminal offences are decided by a judge alone while some, more serious matters, are resolved by judge and jury. The former are termed “summary” offences, while the latter are referred to as indictable offences. There are important procedural differences between them.

At McKay Hill, we represent both private and legally-aided clients in criminal proceedings. It is best for us to be instructed at the earliest possible moment, as those accused of criminal offences all too often compromise their positions by making inopportune admissions to the Police or other agencies when a successful defence could otherwise be made.

Philip Ross BE BA LLB

Pilot, engineer
“ I have a scientific background and enjoy the intellectual stimulation which practicing the law provides me”

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James Rainger BA LLB
Japanese speaker, salesman

“Working in the law is a privilege. It provides me with the challenge of using my communication skills to solve problems for clients”
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