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Criminal Law Text, Cases and Materials

by: Herring, Jonathan

Criminal Law Text, Cases and Materials

by: Herring, Jonathan

ISBN 13:
9780199289356
ISBN 10:
0199289352
Edition: 2nd
Format: Paperback
Copyright: 09/07/2006
Publisher: Oxford University Press
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Summary

The second edition of the acclaimed Criminal Law: Text, Cases and Materials achieves an exceptional depth of analysis whilst providing a wealth of cases and materials set within the theoretical context of criminal law, making this book unique in its value for money.

Abbreviations

xxvii

Acknowledgements

xxix

Source Acknowledgements

xxxi

Table of Cases

xxxv

Table of Statutes

Table of Statutory Instruments

lxi

1 AN INTRODUCTION TO CRIMINAL LAW

(84)

1 What is a crime?

(5)

2 The role of criminal law

(3)

3 The statistics of criminal behaviour

(1)

4 'Principles' of criminal law

(9)

4.1 The principle of legality

(1)

4.2 The principle of responsibility

(1)

4.3 The principle of minimal criminalization

(4)

4.4 The principle of proportionality

(3)

4.5 The principle of fair labelling

(1)

5 The 'need' for a Criminal Code

(2)

5.1 Arguments in favour of a Code

(1)

5.2 Disadvantages of the Code

(1)

6 What conduct should be criminal?

(15)

6.1 Autonomy

(1)

6.2 The harm principle

(10)

6.3 Practicality

(3)

7 Culpability

(13)

7.1 The subjectivism/objectivism debate

(8)

8 The victim in criminal law

(3)

9 The criminal process

(3)

10 Criminal law and the Human Rights Act 1998

(14)

10.1 The significance of the Human Rights Act 1998

(2)

10.2 The important Articles in the European Convention

(3)

10.3 Potential consequences of the HRA on the criminal law

(9)

11 Critical criminal law

(3)

12 Feminist legal thought

(5)

13 Punishment

(4)

13.1 Consequentialist theories of punishment

(2)

13.2 Non-consequentialist theories

(2)

13.3 Mixed theories

(1)

14 Sentencing

(4)

2 ACTUS REUS: THE CONDUCT ELEMENT

(61)

I THE LAW

(35)

1 Distinguishing the component elements of a crime

(1)

2 The voluntary act 'requirement'

(1)

2.1 Omissions

(13)

2.2 Situational offences

100

(1)

2.3 Liability for the acts of other people

101

(1)

3 Causation

101

(1)

3.1 Factual or 'but for' causation

102

(1)

3.2 The key test for legal causation

103

(1)

3.3 Acts of third parties breaking the chain of causation

104

(7)

3.4 Omissions of third parties breaking the chain of causation

111

(1)

3.5 Cases which do not fit into the traditional analysis

111

(4)

3.6 Acts of the victim breaking the chain

115

(3)

3.7 The 'thin skull' rule

118

(1)

3.8 A natural event ('Acts of God')

119

(1)

3.9 Intended results

119

(1)

II ACTUS REUS: THEORY

120

(26)

4 Classification of defences

120

(1)

5 The need for a voluntary act

121

(1)

5.1 Why might the law have a voluntary act requirement?

122

(1)

5.2 What is the 'voluntary act requirement'?

122

(4)

6 Omissions

126

(1)

6.1 Should the criminal law punish omissions?

126

(6)

7 Causation: should consequences matter?

132

(1)

7.1 Arguments against holding people responsible for the consequences of their actions

132

(1)

7.2 Arguments that consequences do matter

133

(2)

8 Seeking a coherent approach to causation

135

(1)

8.1 'Causal minimalism'

136

(1)

8.2 Hart and Honoré

136

(1)

8.3 Reasonable forseeability

137

(3)

8.4 Natural consequences

140

(2)

8.5 Narrowness of causation approach

142

(4)

3 MENS REA: THE MENTAL ELEMENT

146

(77)

I THE LAW

146

(1)

1 The meaning of mens rea

146

(1)

2 Intention

147

(1)

2.1 The core meaning of intention

147

(1)

2.2 Borderline cases of intention

150

(1)

2.3 Intoxication and intent

156

(1)

3 Recklessness

156

(1)

3.1 Cunningham recklessness

156

(1)

3.2 Caldwell recklessness

159

(10)

4 Negligence

169

(1)

5 Gross negligence

170

(1)

6 Distinguishing between intention, recklessness, and negligence

170

(1)

7 Intoxication

171

(1)

7.1 Involuntary and voluntary intoxication

171

(1)

7.2 Offences of basic and specific intent

172

(1)

7.3 Stating the present law

173

(1)

8 Knowledge and belief

174

(1)

9 Transferred mens rea

175

(1)

10 Coincidence of actus reus and mens rea

176

(1)

10.1 'Exceptions' to the coincidence requirement

177

(4)

II MENS REA THEORY

181

(42)

11 General discussion on mens rea

181

(2)

12 Choice/character theory

183

(1)

13 Subjective/objective

184

(1)

14 Normal meaning

184

(3)

15 Intent

187

(1)

15.1 Distinguishing indirect intention and direct intention

187

(7)

15.2 Is intention an issue of fact or an issue of moral responsibility?

194

(4)

16 Recklessness

198

(1)

16.1 Subjective and objective forms of recklessness and inadvertence

198

(1)

16.2 An insufficient regard for the interests of others: Victor Tadros

199

(3)

16.3 Practical indifference: Anthony Duff

202

(2)

17 Negligence

204

(1)

17.1 Opposition to the use of negligence in criminal law

204

(1)

17.2 Support for the use of negligence in criminal law

205

(2)

18 Intoxication

207

(1)

18.1 Intoxication and crime

207

(1)

18.2 Alcoholism and drug dependency: illness or weakness?

208

(1)

18.3 Explaining the present law on intoxication

208

(2)

18.4 Alternatives to Majewski

210

(3)

19 Motive

213

(1)

19.1 Is motive relevant in the criminal law?

213

(1)

19.2 Arguments in favour of taking motive into account

214

(1)

19.3 Arguments against taking motives into account

215

(1)

20 The 'correspondence principle'

216

(1)

20.1 Which principle best reflects the law?

217

(1)

20.2 Which principle is most justifiable in theory?

217

(3)

21 Individualism and mens rea

220

(3)

4 STRICT LIABILITY

223

(22)

I THE LAW

223

(11)

1 What is a strict liability offence?

223

(1)

2 Which offences are strict liability?

224

(6)

3 When will a court not presume mens rea?

230

(1)

4 What mens rea will be presumed?

231

(1)

5 The Human Rights Act and strict liability offences

232

(1)

6 Common law defences and strict liability offences

232

(1)

7 Possession offences

232

(2)

II THE THEORY OF STRICT LIABILITY OFFENCES

234

(11)

8 The arguments for and against strict liability

234

(1)

8.1 Arguments for strict liability offences

235

(1)

8.2 Arguments against strict liability offences

236

(3)

8.3 Analysing the arguments

239

(6)

5 HOMICIDE

245

(91)

I THE LAW

245

(1)

1 General

245

(1)

2 Murder

245

(1)

2.1 Actus reus

245

(1)

2.2 Mens rea

247

(1)

3 Manslaughter: an introduction

248

(1)

4 Provocation

249

(1)

4.1 The defendant was provoked to lose his self-control and kill

250

(1)

4.2 Would a reasonable person have acted as the defendant did?

254

(11)

5 Diminished responsibility

265

(1)

5.1 'Abnormality of mind'

267

(1)

5.2 The cause of the abnormality of mind

269

(1)

5.3 Substantial impairment of responsibility

269

(1)

5.4 Diminished responsibility and intoxication

270

(2)

6 Suicide pact

272

(1)

7 Mercy killing and euthanasia

273

(1)

8 Infanticide

274

(1)

9 Constructive manslaughter

274

(1)

9.1 An unlawful act

277

(1)

9.2 Dangerous act

278

(1)

9.3 Causation

279

(1)

10 Gross negligence manslaughter

280

(6)

10.1 A duty

286

(1)

10.2 A breach of a duty

287

(1)

10.3 Causing the death

287

(1)

10.4 Gross negligence

287

(1)

11 Subjective reckless manslaughter

288

(1)

12 Protecting life on the roads

288

(1)

12.1 Causing death by dangerous driving

288

(1)

12.2 Causing death by careless driving when under the influence of drink or drugs

289

(1)

12.3 Manslaughter and driving

290

(1)

13 Causing or allowing the death of a child or vulnerable adult

290

(1)

II THEORETICAL ISSUES IN HOMICIDE LAW

291

(45)

14 Homicide: the statistics

291

(1)

15 The structure of homicide

292

(1)

15.1 Creating a wide range of kinds of homicide

293

(1)

15.2 Leaving distinctions to sentencing

293

(1)

15.3 Distinguishing on the basis of the victims

293

(1)

15.4 Labelling the method of killing used

294

(1)

16 The actus reus of homicide

294

(1)

17 Non-homicidal killings

294

(1)

18 The mens rea for murder

295

(1)

18.1 The meaning of intention

295

(1)

18.2 Is intention the appropriate mens rea?

295

(1)

18.3 The fact that intention to cause grievous bodily harm is sufficient

296

(12)

19 Defining the mens rea for manslaughter

308

(5)

20 Provocation

313

(1)

20.1 Theory

313

(3)

20.2 The provocative act must be something said or done

316

(1)

20.3 The reasonable person requirement

316

(3)

20.4 The gendered nature of the defence

319

(2)

20.5 The case for the abolition of the defence

321

(4)

20.6 Reform of provocation

325

(3)

21 Diminished responsibility

328

(1)

21.1 Diminished responsibility in practice

328

(1)

21.2 The theoretical basis of the diminished responsibility defence

329

(5)

21.3 Reform of diminished responsibility

334

(2)

6 NON-FATAL NON-SEXUAL OFFENCES AGAINST THE PERSON

336

(90)

I THE LAW

336

(1)

1 Introduction

336

(1)

2 Assault and battery

337

(1)

2.1 Assault

337

(1)

2.2 Battery

343

(4)

3 Assault occasioning actual bodily harm

347

(1)

4 Malicious wounding

349

(1)

5 Wounding with intent

355

(1)

6 Mixing and matching the offences

357

(1)

7 Poisoning

357

(1)

7.1 The meaning of 'poison' or 'noxious substance'

358

(1)

7.2 The meaning of 'administer'

360

(1)

7.3 The meaning of 'maliciously'

360

(1)

7.4 The meaning of 'endangerment of life' or 'cause grievous bodily harm'

361

(1)

7.5 The meaning of 'with intent to injure, aggrieve, or annoy'

361

(1)

8 Other assault crimes

362

(1)

9 Racially and religiously aggravated crimes

362

(2)

10 Protection from Harassment Act 1997

364

(1)

10.1 Section 1: harassment

364

(4)

10.2 Section 4 of the Protection from Harassment Act 1997

368

(1)

11 Threats offences

369

(1)

12 Transmitting disease

369

(7)

13 Consent and assault

376

(1)

13.1 To what offences against the person is consent a defence?

376

(11)

13.2 What is consent?

387

(3)

13.3 What if there is no consent but the defendant believes that there is consent?

390

(1)

II THEORETICAL ISSUES ON ASSAULTS

391

(35)

14 The true nature and extent of violent crime

391

(5)

15 The nature of an assault

396

(2)

16 Objections to and reform of the Offences Against the Person Act 1861

398

(6)

17 Proposed reforms to the Offences Against the Person Act

404

(2)

18 Consent

406

(1)

18.1 Defence or actus reus?

406

(1)

18.2 The dispute over Brown

407

(10)

19 Stalking

417

(4)

20 Transmitting disease and the criminal law

421

(5)

7 SEXUAL OFFENCES

426

(75)

I THE LAW ON SEXUAL OFFENCES

426

(1)

1 Rape

426

(1)

1.1 Who can commit rape?

427

(1)

1.2 Who can be the victim of rape?

428

(1)

1.3 What is penetration?

428

(1)

1.4 What is consent?

428

(1)

1.5 Mens rea: an intent to penetrate

445

(1)

1.6 Mens rea: the defendant does not reasonably believe that the victim consents

445

(1)

1.7 Intoxication and the law of rape

448

(1)

1.8 How the 2003 Act changed the law on rape

448

(1)

1.9 Assessment of the Sexual Offences Act 2003

448

(6)

2 Assault by penetration

454

(1)

3 Sexual assault

454

(1)

4 Causing sexual activity without consent

457

(1)

5 Preparatory offences

458

(1)

6 Sexual offences designed to protect children

458

(1)

6.1 Offences which are versions of the general offences

458

(1)

6.2 Offences designed specifically to protect children from sexual abuse

459

(1)

6.3 Abuse of position of trust offences

460

(1)

6.4 Familial child sex offences

461

(1)

6.5 Child prostitution and child pornography

462

(1)

7 Offences against those with a mental disorder

463

(1)

8 Prostitution and trafficking

463

(1)

9 Incest

463

(1)

10 Miscellaneous offences

464

(1)

II THE THEORY OF SEXUAL OFFENCES

465

(36)

11 Background of sexual crimes

465

(2)

12 Statistics on rape

467

(2)

13 The nature of rape

469

(1)

13.1 The historical explanation

469

(1)

13.2 The autonomy explanation

469

(1)

13.3 Rape as violence

469

(1)

13.4 Rape as invasion of integrity

470

(3)

13.5 Rape as moral injury

473

(3)

13.6 The radical feminist explanation of rape

476

(2)

14 Consent and sexual activity

478

(1)

14.1 What is consent: is it objective or subjective?

478

(1)

14.2 What is consent: to waive or intend?

479

(1)

14.3 What is consent: is a failure to voice opposition consent?

479

(4)

14.4 Consent: what is the status of a mistaken consent?

483

(5)

14.5 Consent and pressure

488

(1)

14.6 Consent: intoxicated mistake

489

(1)

15 Mens rea for rape

490

(6)

16 The actus reus of rape

496

(5)

8 THEFT, HANDLING, AND ROBBERY

501

(69)

I THE LAW

501

(1)

1 Theft

501

(1)

1.1 Property

502

(1)

1.2 Belonging to another

507

(1)

1.3 Appropriation

511

(1)

1.4 Intention permanently to deprive

523

(1)

1.5 Dishonesty

529

(5)

2 Robbery

534

(1)

3 Assault with intent to rob

536

(1)

4 Handling stolen goods

536

(1)

4.1 It must be shown that the goods have been already stolen

538

(1)

4.2 It must be shown that the defendant handled the property

538

(1)

4.3 It must be shown that the defendant knew or believed that the goods were stolen

541

(1)

4.4 The defendant was dishonest

541

(1)

5 Money laundering offences

541

(1)

II THEFT AND THEORY

542

(1)

6 Introduction to property offences

542

(1)

6.1 In what way do property offences harm victims?

542

(1)

6.2 Structure of property offences

545

(1)

6.3 The civil law/criminal law interface

546

(1)

6.4 Theft: the statistics

548

(1)

6.5 What is property?

549

(1)

7 The debate over Gomez

550

(1)

7.1 The case for Gomez

550

(1)

7.2 The case against Gomez

552

(3)

8 The Hinks debate

555

(1)

8.1 The arguments against Hinks

555

(5)

9 Temporary appropriation

560

(2)

10 Dishonesty

562

(5)

11 Robberies

567

(3)

9 DECEPTION

570

(51)

I THE LAW ON DECEPTION

570

(1)

1 What is a deception?

570

(1)

2 Obtaining property by deception

576

(1)

2.1 The elements of the offence

577

(1)

2.2 Distinguishing between obtaining property by deception and theft

581

(1)

3 Obtaining a money transfer

581

(1)

4 Obtaining a pecuniary advantage by deception

582

(1)

4.1 Deception

582

(1)

4.2 Obtaining

582

(1)

4.3 A pecuniary advantage

582

(1)

5 Obtaining services by deception

583

(1)

6 Section 2 of the Theft Act 1978: evasion of a liability by deception

585

(1)

6.1 Distinguishing between the offences in section 2

586

(1)

6.2 Section 2(1)(a)

587

(1)

6.3 Section 2(1)(b)

587

(1)

6.4 Section 2(1)(c)

588

(1)

7 Making off without payment: section 3 of the Theft Act 1978

589

(1)

7.1 Making off from the place where payment was expected

590

(1)

7.2 Goods supplied or services done

591

(1)

7.3 Without having paid as required or expected

591

(1)

7.4 Dishonesty

592

(1)

7.5 Knowing that payment on the spot is required or expected of him

592

(1)

7.6 Intent to avoid payment

592

(3)

8 Cheques, credit cards, and credit balances

595

(11)

II THE THEORY OF DECEPTION OFFENCES

606

(1)

9 Deception offences in practice

606

(1)

10 What is a deception?

606

(2)

11 What is wrong with a deceit?

608

(4)

12 Deception offences and civil law

612

(1)

13 Standards of honesty among the general public

612

(2)

14 Reform of the present law on fraud and deception offences

614

(7)

10 BURGLARY AND BLACKMAIL

621

(24)

I THE LAW

621

(14)

1 Burglary

621

(1)

1.1 Building or part of a building

622

(1)

1.2 Entry

622

(1)

1.3 Trespasser

623

(4)

1.4 The mens rea for burglary

627

(1)

2 Aggravated burglary

628

(1)

3 Trespass with intent to commit a sexual offence

629

(1)

4 Blackmail

629

(1)

4.1 A demand

630

(1)

4.2 With a view to a gain or loss

630

(1)

4.3 Menaces

631

(2)

4.4 The demand must be unwarranted

633

(2)

II BURGLARY AND BLACKMAIL: THEORY

635

(10)

5 Burglary: theory

635

(1)

5.1 Burglary in practice

635

(1)

5.2 Why is burglary an offence?

635

(4)

6 Blackmail theory

639

(1)

6.1 The incidence of blackmail

639

(1)

6.2 Why is blackmail a crime?

639

(6)

11 CRIMINAL DAMAGE

645

(19)

I THE LAW ON CRIMINAL DAMAGE

645

(12)

1 Basic criminal damage

645

(1)

1.1 Damage

646

(1)

1.2 Property

647

(1)

1.3 Belonging to another

647

(1)

1.4 Mens rea

648

(1)

1.5 Defences

648

(3)

2 Arson

651

(1)

3 Aggravated criminal damage

652

(1)

3.1 Defences

653

(1)

4 Racially aggravated criminal damage

654

(1)

5 Computer crime: Computer Misuse Act 1990

654

(1)

5.1 Section 1: unauthorized access to computer material

655

(1)

5.2 Section 2: unauthorized access with intent

656

(1)

5.3 Section 3: unauthorized modification of computer material

656

(1)

II THEORETICAL ISSUES ON CRIMINAI, DAMAGE

657

(7)

6 Criminal damage theory

657

(1)

6.1 Statistics

657

(1)

6.2 What is special about damaging property

657

(1)

6.3 Should it be an offence to damage your own property?

658

(1)

6.4 The definition of damage

658

(1)

6.5 The justification for aggravated criminal damage

659

(2)

7 The theory of computer crimes

661

(3)

12 DEFENCES

664

(125)

I THE LAW

664

(1)

1 Private defence and the prevention of crime

665

(1)

1.1 The legal source of the defence

665

(1)

1.2 To what crimes is private defence a defence?

666

(1)

1.3 What needs to be shown to establish the defence?

666

(1)

1.4 What about defendants who think they are being attacked but are not?

672

(1)

1.5 Self-induced private defences

672

(1)

1.6 Excessive use of force

672

(1)

1.7 Has the Human Rights Act 1998 changed the law?

673

(2)

2 Necessity

675

(1)

2.1 The meaning of necessity

675

(1)

2.2 Cases denying the existence of a general defence of necessity

675

(1)

2.3 The limited defence of necessity at common law

676

(1)

2.4 Implied recognition of necessity

682

(1)

2.5 Duress of circumstances

683

(1)

3 Chastisement

684

(1)

4 Consent

685

(1)

5 Duress

685

(1)

5.1 Terminology

685

(1)

5.2 To what crimes is duress a defence?

685

(1)

5.3 What are the elements of the defence of duress?

687

(17)

6 Coercion

704

(1)

7 Entrapment

705

(1)

8 Superior orders

706

(1)

9 Automatism

706

(1)

9.1 A complete loss of voluntary control

706

(1)

9.2 An external factor

709

(1)

9.3 The defendant was not at fault in causing the condition

710

(1)

10 Insanity

710

(1)

10.1 Insanity at the time of the alleged offence

711

(6)

10.2 A claim that the defendant was insane at the time of the trial

717

(4)

11 Diminished responsibility

721

(1)

12 Provocation

721

(1)

13 Children

721

(1)

13.1 Children below the age of 10

721

(1)

13.2 A child aged 10 to 14

722

(1)

14 Intoxication

722

(4)

15 Mistake

726

(1)

15.1 A mistake which may negate mens rea

726

(1)

15.2 Mistakes and defences

727

(2)

15.3 Mistakes of law

729

(1)

II THE THEORY OF DEFENCES

730

(59)

16 Defining defences

730

(1)

16.1 The traditional approach

730

(1)

16.2 Alternatives to the traditional classification

731

(1)

16.3 Does any of this matter?

731

(1)

17 Justifications and excuses

732

(2)

17.1 Justifications

734

(3)

17.2 Excuses

737

(4)

17.3 Does the distinction between justifications and excuses really matter?

741

(1)

17.4 Should justifications be objective and excuses subjective?

742

(4)

17.5 Problems with justifications and excuses

746

(1)

18 Character, choice, and capacity

747

(3)

18.1 The capacity theory

750

(1)

18.2 The character theory

751

(3)

19 Determinism

754

(3)

20 The rejection of an overarching theory

757

(3)

21 Insanity

760

(1)

21.1 Problems with the present law

760

(2)

21.2 Reform of the present law

762

(3)

22 Private defence

765

(1)

22.1 The moral basis of private defence

765

(4)

22.2 Mistaken private defence

769

(3)

23 Duress

772

(4)

24 Necessity

776

(3)

25 Issues which fall between the gaps of the defences

779

(1)

25.1 Kingston

780

(2)

25.2 Battered women

782

(3)

25.3 The Zeebrugge disaster

785

(4)

13 THE CRIMINAL LIABILITY OF CORPORATIONS

789

(27)

I THE LAW ON CORPORATE CRIMINALITY

789

(10)

1 The difficulty in convicting companies of crimes

789

(1)

2 Vicarious liability

790

(1)

3 Identification

790

(6)

4 Reform of the law on corporate killing

796

(1)

5 Vicarious liability

797

(1)

5.1 What is vicarious liability?

797

(1)

5.2 Which crimes can be committed vicariously?

797

(1)

5.3 For whose act can the defendant be vicariously liable?

798

(1)

5.4 What mens rea must be proved?

798

(1)

II THE THEORY OF CORPORATE LIABILITY

799

(17)

6 Theoretical issues in corporate liability

799

(1)

6.1 The reality of corporate crime

799

(1)

6.2 The clamour for corporate liability

799

(1)

6.3 Should a company be guilty of a crime?

800

(10)

6.4 If there is to be corporate crime, what form should it take?

810

(6)

14 INCHOATE OFFENCES

816

(71)

I THE LAW ON INCHOATE OFFENCES

816

(42)

1 Inchoate offences

816

(1)

2 Attempt

817

(1)

2.1 Mens rea

817

(6)

2.2 Actus reus

823

(4)

2.3 Impossible attempts

827

(6)

2.4 Attempts and abandonment

833

(1)

3 Incitement

834

(1)

3.1 The nature of the offence of incitement

834

(4)

3.2 What is the actus reus of incitement?

838

(1)

3.3 What must be incited?

839

(1)

3.4 When does the offence take place?

840

(1)

3.5 The mens rea for incitement

840

(2)

3.6 Incitement and impossibility

842

(1)

4 Conspiracy

843

(1)

4.1 The nature of conspiracy

843

(1)

4.2 Statutory conspiracies

844

(9)

4.3 Impossibility and statutory conspiracies

853

(1)

4.4 Common law conspiracies

854

(4)

4.5 Impossibility and common law offences

858

(1)

II THEORY

858

(29)

5 Inchoate offences

858

(3)

6 The theory of criminal attempts

861

(1)

6.1 Why do we punish attempts?

861

(1)

6.2 'The problem of moral luck'

862

(7)

6.3 Actus reus of attempt

869

(5)

6.4 Mens rea for attempt

874

(3)

6.5 Impossible attempts

877

(3)

7 Conspiracy theory

880

(7)

15 COMPLICITY

887

(60)

I THE LAW OF COMPLICITY

887

(1)

1 Principals and accomplices

887

(1)

1.1 Who is the principal?

888

(1)

1.2 'Innocent agency'

889

(1)

2 Complicity: the actus reus

890

(1)

2.1 Aiding

892

(1)

2.2 Abetting

892

(1)

2.3 Counselling

892

(1)

2.4 Procuring

894

(1)

2.5 Joint enterprise

895

(1)

2.6 Time issues

895

(1)

2.7 Omissions and accomplice liability

896

(4)

3 Mens rea

900

(1)

3.1 Mens rea in cases of aiding, abetting, counselling, and procuring

900

(1)

3.2 Mens rea in cases of joint enterprise

904

(1)

3.3 Is there a special rule for procuring?

915

(1)

3.4 Is there a special rule for offences of strict liability?

915

(1)

3.5 The effect of provocation on accessories

915

(1)

3.6 The selling of dangerous items

916

(1)

4 Secondary participation and inchoate offences

917

(1)

5 Conviction of secondary party and acquittal of principal

917

(1)

6 Can a secondary party ever be guilty of a greater offence than the principal?

918

(1)

7 Withdrawal by a secondary party

919

(1)

8 Accessories and victims

922

(1)

9 Assistance after offence

923

(1)

II ACCESSORIES AND THEORY

923

(24)

10 General theories of accessorial liability

923

(1)

10.1 Derivative theory of accessorial liability

924

(1)

10.2 Does the theory explain the current law?

925

(3)

10.3 Causation and accomplice liability

928

(6)

10.4 Inchoate model

934

(3)

11 Theories of accessorial mens rea

937

(1)

11.1 Purpose

937

(2)

11.2 Recklessness

939

(1)

11.3 The accomplice's mens rea should be the same as that required for the principal

939

(2)

12 The theory of joint enterprise

941

(1)

13 Actus reus issues

942

(1)

14 Withdrawal

943

(4)

Bibliography

947

(60)

Index

1007

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Criminal Law Text, Cases and Materials

Criminal Law Text, Cases and Materials

9780199289356

0199289352

Summary

Author Biography

Table of Contents

Supplemental Materials

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Amazon no longer offers textbook rentals. We do!

Criminal Law Text, Cases and Materials

Criminal Law Text, Cases and Materials

9780199289356

0199289352

Summary

Author Biography

Table of Contents

Supplemental Materials

Write a Review

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