Card, Cross & Jones: Criminal Law

887 Pages·2012·7.438 MB·English

by  Richard Card

CARD, CROSS AND JONES
CRIMINAL LAW
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CARD, CROSS AND JONES
CRIMINAL LAW
Twentieth Edition
RICHARD CARD LLB, LLM, FRSA
Emeritus Professor of Law, De Montfort University, Leicester
1
3
Great Clarendon Street, Oxford, OX2 6DP,
United Kingdom
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Twentieth edition published 2012
Impression: 1
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Public sector information reproduced under Open Government Licence v1.0
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Crown Copyright material reproduced with the permission of the
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British Library Cataloguing in Publication Data
Data available
Library of Congress Cataloging in Publication Data
Data available
ISBN 978–0–19–964642–5
Printed in Great Britain by
Ashford Colour Press Ltd, Gosport, Hampshire
Preface
Since the publication of the last edition of this book in 2010, the criminal appellate courts
have been busy, as evidenced by the numerous recent decisions referred to. In total,
around 100 cases have been added to the text some of them are listed overleaf. Provisions
from four pieces of legislation have also been incorporated. It follows from these devel-
opments, in particular the case law, that there are considerable changes in the text. No
chapter has been unaff ected.
As with previous editions, this book is designed for use on undergraduate degree
courses, graduate diploma in law courses and similar courses. I have continued the prac-
tice of end-of-chapter further reading lists. Th ese contain recommended reading of a
general nature about the contents of each chapter. Further reading in respect of particu-
lar cases or specifi c points still appears in the footnotes in each chapter.
I wish to thank all those who have assisted me in various ways. In particular, I would
like to thank my wife, Rachel, for her assistance with the manuscript, John Carroll,
Heather Smyth, Elissa Connor and Carolyn Fox for their help in the production of the
book, and the publishers for compiling tables of cases and statutes and the index. For such
imperfections that remain, I am solely responsible.
I have tried to summarise and explain the law as it was reported on 16 December
2011.
Free online updates are produced twice a year and are available at: www.oxfordtext-
books.co.uk/orc/card20e/.
Richard Card
January 2012
New to this edition
Revisions to the 20th edition include:
Th e latest case law developments (around 100 new cases have been added since the last
edition), including:
Assange v Swedish Prosecution Authority (2011) (consent in sexual off ences)
British Pregnancy Advisory Service v Secretary of State for Health (2011) (abortion)
Ciccarelli (2011) (consent in sexual off ences)
Gnango (2011) (parties to crime)
Hichens (2011) (public and private defences)
Inglis (2010) (murder and mercy killing)
Mendez and Th ompson (2010) (parties to crime)
Moore v DPP (2010) (attempt)
R (Jones) v Bedford and Mid Bedfordshire MC (2010) (harassment)
S (2011) (encouraging or assisting crime)
St Regis Paper Co Ltd (2011) (corporate liability)
Wenton (2010) (Criminal Damage Act 1971, s 1(2))
Winter and Winter (2010) (manslaughter by gross negligence)
Zaman (2010) (assisting off enders).
Legislative developments are also discussed, including the Bribery Act 2010.
Reference is also made to academic literature produced since the last edition and the fol-
lowing Law Commission consultation papers are discussed:
Simplifi cation of Criminal Law: Public Nuisance and Outraging Public Decency No 193
(2010)
Criminal Liability in Regulatory Contexts No 195 (2010)
Unfi tness to Plead No 197 (2010).
Contents
Table of Statutes xiii
Table of Cases xxvii
Table of Secondary Legislation lix
1 Introduction 1
Th e characteristics of criminal off ences 1
Th e purposes of the criminal law 3
Th e courts of criminal jurisdiction 4
Jurisdiction 8
Maximum sentences 11
Sources 12
Common law 12
Legislation 19
EU law 22
European Convention on Human Rights and Fundamental
Freedoms and Human Rights Act 1998 23
Codifi cation 30
2 Criminal liability 1: actus reus 32
Actus reus and mens rea 32
Actus reus 34
3 Criminal liability 2: mens rea 69
Mens rea 69
Motive 103
Ignorance or mistake of law 104
Ignorance of morals 108
viii | Contents
4 Proof 110
Th e two burdens 110
Presumptions 115
Proof of a state of mind 116
5 Mistake and related matters 119
Accident 119
Ignorance 120
Mistake 120
Mistake negativing mens rea 121
Mistake relating to an excuse 125
6 Strict liability 130
Th e meaning of strict liability 130
Strict liability and the presumption of innocence 133
Off ences of strict liability 135
Strict liability at common law 135
Strict liability in statutory off ences 136
7 Non-fatal offences against the person 159
Consent 159
Assault and battery 176
Aggravated assaults 187
Wounding and grievous bodily harm 196
‘Racially or religiously aggravated assaults’ 204
Administering poison etc 211
Draft Off ences Against the Person Bill 217
Protection from Harassment Act 1997 220
Racially or religiously aggravated harassment 229
8 Homicide and related offences 231
Introduction 231
Murder, manslaughter and infanticide 232
Contents | ix
Common elements of murder, manslaughter and infanticide 233
Murder 238
Manslaughter 246
Voluntary manslaughter 246
Involuntary manslaughter 266
Infanticide 287
Other homicide off ences: (1) corporate manslaughter 289
Other homicide off ences: (2) causing death by dangerous or
careless driving etc 298
Off ences related to homicide 307
Causing or allowing death of a child or vulnerable adult 308
Solicitation of murder 313
Th reats to kill 314
Encouraging or assisting suicide 314
Abortion and child destruction 319
9 Sexual offences 327
Introduction 327
Non-consensual sexual off ences 332
Child sex off ences 354
Abuse of position of trust 363
Familial child sex off ences 367
Sex with an adult relative 371
Off ences against people with a mental disorder 373
Preparatory off ences 380
Other off ences 381
Jurisdiction over paedophile off ences outside the United Kingdom 382
10 Theft and related offences 386
Th eft 386
Actus reus of theft 387
Mens rea of theft 425
Robbery 439