Additional Information
Book Details
Abstract
Text, Cases and Materials on Criminal Law offers a thought-provoking, engaging and comprehensive account of criminal law and its underpinning principles and policies. It includes a range of carefully selected extracts to help you get used to reading court judgments, legislation, official reports and academic writings. Dedicated questions also help you to analyse each extract and develop your critical thinking skills.
A range of features, specifically designed to help make your reading as interesting and active as possible, are also available within each chapter including:
· Chapter objectives at the start of each chapter, and checklists at the end, so that you know exactly what you need to achieve and are able to assess your progress;
· Practical activities, so you can develop your legal skills by practising applying what you have learnt to scenario-based problems;
· Self-test questions, which consolidate your understanding by providing an opportunity to apply the material you have studied;
· Further reading lists, to enable you to explore key issues in greater depth.
This new edition has been fully updated with all major legal developments in the area, including R v Jogee [2016] UKSC 8 and R v Johnson [2016] EWCA Crim 1613 on joint enterprise and the Law Commission’s scoping report on non-fatal offences against the person.
Stuart Macdonald is Professor of Law at Swansea University. He has taught criminal law for over 15 years and has published widely on criminal justice issues, particularly the regulation of anti-social behaviour and counterterrorism legislation and policy.
Table of Contents
| Section Title | Page | Action | Price |
|---|---|---|---|
| Cover | Cover | ||
| Inside Front Cover | IFC | ||
| Title Page | iii | ||
| Copyright Page | iv | ||
| Dedication | v | ||
| Brief contents | vii | ||
| Contents | ix | ||
| Preface | xiii | ||
| Table of cases | xv | ||
| Table of European Court of Human Rights cases | xxiii | ||
| Table of statutes | xxiv | ||
| Table of statutory instruments | xxvii | ||
| Table of treaties and other international instruments | xxviii | ||
| Acknowledgements | xxix | ||
| 1 Your criminal law toolkit | 1 | ||
| Introduction | 2 | ||
| Individual autonomy | 3 | ||
| The harm principle | 4 | ||
| The offence principle | 6 | ||
| Social welfare | 8 | ||
| Legal moralism | 9 | ||
| Legal paternalism | 14 | ||
| Criminal law as the least restrictive appropriate intervention | 15 | ||
| The principle of legality | 17 | ||
| The correspondence principle | 20 | ||
| The presumption of innocence | 22 | ||
| The ladder principle | 24 | ||
| Fair labelling | 25 | ||
| A case study: R v Brown | 28 | ||
| Conclusion | 31 | ||
| Self-test questions | 31 | ||
| Your criminal law toolkit checklist | 31 | ||
| Further reading | 32 | ||
| 2 The anatomy of a crime | 33 | ||
| Introduction | 34 | ||
| Actus reus | 35 | ||
| Mens rea | 36 | ||
| Coincidence of actus reus and mens rea | 39 | ||
| Substantive defences | 44 | ||
| Conclusion | 45 | ||
| Self-test questions | 45 | ||
| The anatomy of a crime checklist | 45 | ||
| Further reading | 46 | ||
| 3 Key actus reus concepts | 47 | ||
| Introduction | 48 | ||
| Voluntariness | 48 | ||
| Omissions | 49 | ||
| Causation | 64 | ||
| Conclusion | 82 | ||
| Self-test questions | 83 | ||
| Key actus reus concepts checklist | 84 | ||
| Further reading | 85 | ||
| 4 Key mens rea concepts | 86 | ||
| Introduction | 87 | ||
| Recklessness | 87 | ||
| Intention | 99 | ||
| Other mens rea terms | 113 | ||
| Transferred mens rea | 115 | ||
| Conclusion | 116 | ||
| Self-test questions | 117 | ||
| Key mens rea concepts checklist | 118 | ||
| Further reading | 118 | ||
| 5 Homicide | 120 | ||
| Introduction | 121 | ||
| Murder | 121 | ||
| Loss of control | 130 | ||
| Unlawful act manslaughter | 150 | ||
| Gross negligence manslaughter | 159 | ||
| Proposals for reform: The Law Commission’s Homicide Ladder | 166 | ||
| Conclusion | 169 | ||
| Self-test questions | 170 | ||
| Homicide checklist | 172 | ||
| Further reading | 172 | ||
| 6 Non-fatal offences against the person | 174 | ||
| Introduction | 175 | ||
| Assault | 175 | ||
| Battery | 180 | ||
| Assault occasioning ABH (actual bodily harm) | 185 | ||
| Malicious wounding or infliction of GBH (grievous bodily harm) | 189 | ||
| Wounding or GBH with intent | 194 | ||
| Issues relating to consent | 195 | ||
| The Law Commission’s proposals for reform | 218 | ||
| Conclusion | 231 | ||
| Self-test questions | 233 | ||
| Non-fatal offences against the person checklist | 234 | ||
| Further reading | 234 | ||
| 7 Sexual offences | 236 | ||
| Introduction | 237 | ||
| Rape | 238 | ||
| Assault by penetration | 278 | ||
| Sexual assault | 280 | ||
| Causing a person to engage in sexual activity without consent | 282 | ||
| Conclusion | 284 | ||
| Self-test questions | 284 | ||
| Sexual offences checklist | 287 | ||
| Further reading | 287 | ||
| 8 Property offences | 288 | ||
| Introduction | 289 | ||
| Theft | 289 | ||
| Robbery | 332 | ||
| Burglary | 336 | ||
| Fraud | 343 | ||
| Fraud by false representation | 347 | ||
| Fraud by failing to disclose information | 355 | ||
| Fraud by abuse of position | 356 | ||
| Criminal damage | 361 | ||
| Aggravated criminal damage | 370 | ||
| Conclusion | 372 | ||
| Self-test questions | 373 | ||
| Property offences checklist | 374 | ||
| Further reading | 375 | ||
| 9 Intoxication | 376 | ||
| Introduction | 377 | ||
| Denial of mens rea | 378 | ||
| Basis of a defence | 392 | ||
| Conclusion | 393 | ||
| Self-test questions | 394 | ||
| Intoxication checklist | 395 | ||
| Further reading | 395 | ||
| 10 Mental condition defences | 396 | ||
| Introduction | 397 | ||
| Sane automatism | 397 | ||
| Insanity | 401 | ||
| Diminished responsibility | 406 | ||
| Conclusion | 428 | ||
| Self-test questions | 429 | ||
| Mental condition defences checklist | 430 | ||
| Further reading | 430 | ||
| 11 Substantive defences | 432 | ||
| Introduction | 433 | ||
| Necessity | 433 | ||
| Duress | 443 | ||
| Prevention of crime and private defence | 465 | ||
| Conclusion | 481 | ||
| Self-test questions | 481 | ||
| Substantive defences checklist | 483 | ||
| Further reading | 483 | ||
| 12 Inchoate offences | 484 | ||
| Introduction | 485 | ||
| Encouraging and assisting crime | 486 | ||
| Conspiracy | 499 | ||
| Attempts | 511 | ||
| Conclusion | 529 | ||
| Self-test questions | 529 | ||
| Inchoate offences checklist | 530 | ||
| Further reading | 530 | ||
| 13 Accessories | 531 | ||
| Introduction | 532 | ||
| The distinction between principals and accessories | 532 | ||
| The actus reus and mens rea of being an accessory | 534 | ||
| Joint enterprise | 547 | ||
| To which offences may a defendant be an accessory? | 567 | ||
| The derivative principle | 567 | ||
| Withdrawal | 568 | ||
| Conclusion | 573 | ||
| Self-test questions | 574 | ||
| Accessories checklist | 574 | ||
| Further reading | 575 | ||
| Index | 577 | ||
| A | 577 | ||
| B | 578 | ||
| C | 578 | ||
| D | 579 | ||
| E | 580 | ||
| F | 580 | ||
| G | 580 | ||
| H | 581 | ||
| I | 581 | ||
| J | 581 | ||
| K | 581 | ||
| L | 581 | ||
| M | 582 | ||
| N | 582 | ||
| O | 582 | ||
| P | 583 | ||
| Q | 583 | ||
| R | 583 | ||
| S | 584 | ||
| T | 584 | ||
| U | 585 | ||
| V | 585 | ||
| W | 585 | ||
| Z | 585 | ||
| Back_Cover | Back_Cover |