Criminal Law (Palgrave Law Masters)

518 Pages·2002·1.309 MB·English

by  Marise Cremona

Criminal Law
Third edition
Jonathan Herring
Palgrave Law Masters
Criminal Law
Palgrave Law Masters
Series Editor:Marise Cremona
Business Law(2nd edn) Stephen Judge
Company Law(4th edn) Janet Dine
Constitutional and Administrative Law(4th edn) John Alder
Contract Law(4th edn) Ewan McKendrick
Conveyancing(3rd edn) Priscilla Sarton
Criminal Law(3rd edn) Jonathan Herring
Employment Law(3rd edn) Deborah J. Lockton
Evidence Raymond Emson
Family Law(3rd edn) Kate Standley
Housing Law and Policy David Cowan
Intellectual Property Law(2nd edn) Tina Hart and Linda Fazzani
Land Law(4th edn) Kate Green and Joe Cursley
Landlord and Tenant Law(4th edn) Margaret Wilkie and Godfrey Cole
Law of the European Union(3rd edn) Jo Shaw
Legal Method(4th edn) Ian McLeod
Legal Theory Ian McLeod
Social Security Law Robert East
Torts(2nd edn) Alastair Mullis and Ken Oliphant
Criminal Law
Third edition
Jonathan Herring
Fellow in Law
Exeter College, Oxford
(formerly Cremona and Herring)
Series editor: Marise Cremona
Professor of European Commercial Law
Queen Mary Centre for Commercial Law Studies
University of London
© Marise Cremona 1989
© Jonathan Herring and Marise Cremona 1998, 2002
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First published 2002 by
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v
Contents
Preface to the First Edition xii
Preface to the Third Edition xiii
Table of Cases xiv
Table of Statutes xxviii
List of Latin Terms xxxii
PART I: BASIC PRINCIPLES OF CRIMINAL LIABILITY 1
1 Introduction to Criminal Law 3
1.1 The Scope of this Book 3
1.2 What is Criminal Law? 4
1.3 The Role of Criminal Law 4
1.4 What Conduct is Criminal? 5
1.5 Other Influences on Criminal Law 14
1.6 The Reality of Criminal Behaviour 16
Hot Topic: Should Fox Hunting be made Illegal? 17
Summary 18
Case Notes 19
Further Reading 19
2 Procedures and Structures of Criminal Law 21
2.1 The Role of the State in Criminal Proceedings 21
2.2 The Role of the Judge in Criminal Proceedings 22
2.3 Judge and Jury 24
2.4 The Burden of Proof 26
2.5 Classification of Offences 29
2.6 Punishment 30
2.7 Reform of the Law 31
2.8 The Proposals for a Criminal Code 31
Hot Topic: The Increasing Role of the Jury 33
Summary 35
Case Notes 36
Further Reading 37
vi Contents
3 The External Elements 38
3.1 The Elements of a Crimina1 Offence 38
3.2 Different Aspects of the Actus Reus 39
3.3 Liability for Omissions 40
3.4 Should the Law Punish Omissions? 44
3.5 The Voluntary Nature of the Actus Reus 46
3.6 Automatism 47
Hot Topic: Drug Dealers and Omissions 50
Summary 53
Case Notes 54
Further Reading 56
4 The Mental Element 57
4.1 Mental Element in a Criminal Offence 57
4.2 Different Types of Mens Rea 59
4.3 Intention 60
4.4 The Meaning of Recklessness 67
4.5 The Meaning of Negligence 73
4.6 Transferred Mens Rea 74
4.7 Coincidence of Actus ReusandMens Rea 76
4.8 ‘The Correspondence Principle’ 78
Hot Topic: Euthanasia and Mercy Killing 79
Summary 82
Case Notes 83
Further Reading 85
5 Causation 87
5.1 The Nature of Causation 87
5.2 The Guiding Rule of Causation 89
5.3 ‘But for’ Causation 89
5.4 Novus Actus Interveniens 90
5.5 The Relevance of Mens Reain Questions of Causation 98
5.6 Reform of Causation 99
Hot Topic: The Suicidal Rape Victim 99
Summary 100
Case Notes 101
Further Reading 103
6 Strict and Vicarious Liability 104
6.1 The Meaning of Strict Liability 104
6.2 The Justifications for Strict Liability Offences 105
6.3 Construing Statutes which Appear to Impose Strict Liability 106
6.4 The Future of Strict Liability 113
Contents vii
6.5 Alternatives to Strict Liability 113
6.6 Vicarious Liability 114
6.7 The Criminal Liability of Corporations 117
Hot Topic: Reforming Corporate Liability 120
Summary 121
Case Notes 122
Further Reading 124
PART II: OFFENCES AGAINST THE PERSON 125
7 Assaults 127
7.1 Common Law and Statutory Assaults 127
7.2 Common Assault and Battery 127
7.3 Assault Occasioning Actual Bodily Harm 132
7.4 Malicious Wounding 133
7.5 Wounding with Intent 136
7.6 Maliciously Administering Poison 137
7.7 Consent 140
7.8 Chastisement of Children 146
7.9 Assault with Intent to Rob 146
7.10 Assault with Intent to Resist Arrest 147
7.11 Assault with Intent to Rape 147
7.12 Assaulting, Resisting and Wilfully Obstructing a Police Constable 147
7.13 Protection from Harassment Act 1997 149
7.14 Racially Aggravated Assaults 154
7.15 Reform of Offences Against the Person 156
Hot Topic: The Limits of Preventing Harassment 157
Summary 158
Case Notes 160
Further Reading 163
8 Sexual Offences 164
8.1 The Scope of Sexual Offences 164
8.2 Rape 165
8.3 Indecent Assault 174
8.4 Unlawful Sexual Intercourse 176
8.5 Sexual Offences (Amendment) Act 2000 177
8.6 Other Sexual Offences 179
Hot Topic: ‘Date Rape’ 180
Summary 181
Case Notes 182
Further Reading 183
viii Contents
9 Murder 184
9.1 Homicide 184
9.2 The Actus Reusof Murder 186
9.3 The Mens Reaof Murder 188
9.4 Intention in Murder 191
9.5 The Relevance of the Mandatory Life Sentence 192
Hot Topic: The Legal Status of the Unborn Child 193
Summary 195
Case Notes 195
Further Reading 198
10 Manslaughter 199
10.1 Distinguishing Voluntary and Involuntary Manslaughter 199
10.2 Constructive Manslaughter 200
10.3 Gross Negligence Manslaughter 204
10.4 Reckless Manslaughter 206
10.5 Killing while Driving 207
10.6 Criticisms of and Reform of Involuntary Manslaughter 208
10.7 Voluntary Manslaughter 210
10.8 Provocation 211
10.9 Diminished Responsibility 218
10.10 Suicide Pact 221
10.11 Infanticide 221
Hot Topic: Battered Women 222
Summary 225
Case Notes 226
Further Reading 229
PART III: OFFENCES AGAINST PROPERTY 231
11 Theft 233
11.1 Property Offences 233
11.2 The Definition of Theft 234
11.3 Appropriation 235
11.4 Property 243
11.5 Belonging to Another 246
11.6 Dishonesty 253
11.7 lntention of Permanently Depriving 258
Hot Topic: Stealing Bodies 264
Summary 265
Case Notes 266
Further Reading 269
Contents ix
12 Offences Connected to Theft 271
12.1 Robbery 271
12.2 Assault with Intent to Rob 273
12.3 Burglary 273
12.4 Aggravated Burglary 280
12.5 Handling Stolen Goods 281
Hot Topic: Why is Burglary a Specific Offence? 288
Summary 289
Case Notes 290
Further Reading 292
13 Deception Offences 293
13.1 The Deception Offences 293
13.2 Obtaining Property by Deception 294
13.3 Obtaining a Pecuniary Advantage by Deception 301
13.4 Obtaining Services by Deception 303
13.5 Evasion of Liability by Deception 304
13.6 Making off without Payment 308
13.7 Forgery 312
Hot Topic: Offences Involving Cheques and Credit Cards 313
Summary 317
Case Notes 318
Further Reading 320
14 Other Offences against Property 321
14.1 Criminal Damage 321
14.2 Blackmail 327
14.3 Taking a Conveyance 331
14.4 Aggravated Vehicle-taking 335
14.5 Computer Crime 336
14.6 Possession Offences 341
Hot Topic: The GM Crop Protesters 342
Summary 344
Case Notes 345
Further Reading 346
PART IV: DEFENCES 347
15 Denial of Elements of Offences 349
15.1 Defences 349
15.2 Exemptions from Liability 351