{"title":"1. The basis of criminal liability","authors":"J. Herring","doi":"10.1093/HE/9780198815150.003.0001","DOIUrl":"https://doi.org/10.1093/HE/9780198815150.003.0001","url":null,"abstract":"Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses what criminal liability is and is not about; the meaning of burden of proof; and the reform of criminal law. The study of criminal law is the study of liability. It is not about whether a person can be charged with a crime, or what sentence he may face if convicted, but rather it deals with whether a person is innocent or guilty of an offence (ie whether or not he can be convicted). The burden of proof means the requirement on a party to adduce sufficient evidence to persuade the fact-finder (the magistrates or the jury), to a standard set by law, that a particular fact is true.","PeriodicalId":214631,"journal":{"name":"Criminal Law Concentrate","volume":"32 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116858358","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"5. Non-fatal offences against the person","authors":"J. Herring","doi":"10.1093/he/9780198815150.003.0005","DOIUrl":"https://doi.org/10.1093/he/9780198815150.003.0005","url":null,"abstract":"Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter examines the five principal non-fatal offences against the person: assault and battery (the common assaults) and the offences under ss 47, 20, and 18 Offences Against the Person Act 1861 (OAPA). The victim’s consent may negate the offence, but whether or not it does depends to a great extent on the type of crime, what the victim knows, the extent of the harm which is caused, and matters of public policy. Stalking and harassment may amount to a crime in certain circumstances. Four of the principal assaults are aggravated if the crime committed is motivated by religious or racial hatred.","PeriodicalId":214631,"journal":{"name":"Criminal Law Concentrate","volume":"265 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134268341","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"8. Homicide II","authors":"J. Herring","doi":"10.1093/HE/9780198815150.003.0008","DOIUrl":"https://doi.org/10.1093/HE/9780198815150.003.0008","url":null,"abstract":"Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. An unlawful homicide committed without the mens rea for murder is involuntary manslaughter. This chapter discusses the three classes of involuntary manslaughter: reckless manslaughter, unlawful act manslaughter, and gross negligence manslaughter. Both unlawful act manslaughter and gross negligence are notable for the low level of mens rea required. Indeed, with gross negligence manslaughter the defendant may not even have foreseen the risk of death and yet still be convicted of manslaughter.","PeriodicalId":214631,"journal":{"name":"Criminal Law Concentrate","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131281012","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"6. Sexual offences","authors":"J. Herring","doi":"10.1093/he/9780198815150.003.0006","DOIUrl":"https://doi.org/10.1093/he/9780198815150.003.0006","url":null,"abstract":"Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses sexual offences, including rape, assault by penetration, sexual assault, and causing sexual activity. Sexual offences are all governed by the Sexual Offences Act 2003. The meaning of consent is key because lack of consent is an element of the actus reus, and the belief about consent is an element of the mens rea. Where the victim is aged 13 or younger, consent is irrelevant and liability as to age is strict.","PeriodicalId":214631,"journal":{"name":"Criminal Law Concentrate","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130311862","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"2. Actus reus","authors":"J. Herring","doi":"10.1093/HE/9780198815150.003.0002","DOIUrl":"https://doi.org/10.1093/HE/9780198815150.003.0002","url":null,"abstract":"Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter reviews the actus reus elements of criminal offence. The actus reus consists of prohibited conduct (acts or omissions), prohibited circumstances, and/or prohibited consequences (results). A person can be criminally liable for omissions at common law, but imposing this liability can be controversial. Causation is a key part of consequence/result crimes. The prosecution must prove that the result was caused by the defendant. In order to do this, the chain of causation must first be established, and then consideration must be given to any intervention which might break the chain.","PeriodicalId":214631,"journal":{"name":"Criminal Law Concentrate","volume":"123 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123987993","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"10. Participation","authors":"J. Herring","doi":"10.1093/he/9780198815150.003.0010","DOIUrl":"https://doi.org/10.1093/he/9780198815150.003.0010","url":null,"abstract":"Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the liability of parties who participate in the criminal acts of others. Liability can be split into four parts: those who are accessories, those who are joint perpetrators, those who are vicariously liable, and those who are corporations. Accessories are those who aid, abet, counsel, or procure the commission of the principal offence. Participants who enter a joint venture (also known as a joint unlawful enterprise) are liable for the crimes committed as part of that venture, unless one of the parties deliberately departs from the agreed plan. The doctrine of vicarious liability has a (limited) role in the criminal law. A corporation is a legal person, so criminal liability can be imposed on a corporation for many (although not all) crimes.","PeriodicalId":214631,"journal":{"name":"Criminal Law Concentrate","volume":"28 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116067699","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"3. Mens rea","authors":"J. Herring","doi":"10.1093/HE/9780198815150.003.0003","DOIUrl":"https://doi.org/10.1093/HE/9780198815150.003.0003","url":null,"abstract":"Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter reviews the mens rea elements of criminal offence. Mens rea means guilty mind, but the term is better thought of as the fault element of the offence. The role of mens rea is to attribute fault or blameworthiness (also called culpability) to the actus reus. The main types of mens rea are intention, recklessness, and negligence. Issues may arise when the mens rea and actus reus do not coincide in time. The doctrine of transferred malice allows mens rea to be transferred from the intended victim to the unintended victim, in certain situations.","PeriodicalId":214631,"journal":{"name":"Criminal Law Concentrate","volume":"358 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115414764","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"15. Defences II","authors":"J. Herring","doi":"10.1093/HE/9780198815150.003.0015","DOIUrl":"https://doi.org/10.1093/HE/9780198815150.003.0015","url":null,"abstract":"Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter examines the defences of consent; self-defence (which includes using reasonable force in the defence of oneself, defence of others, of property, and the prevention of crime); and duress (which consists of being compelled to commit a crime to avoid death or serious harm in a situation of immediacy where there is no route of escape). Duress is an excusatory defence; consent and self-defence are justificatory defences. If the defence of necessity does exist separately to the defence of duress, it is a justificatory defence.","PeriodicalId":214631,"journal":{"name":"Criminal Law Concentrate","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124462158","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"11. Theft","authors":"J. Herring","doi":"10.1093/he/9780198759140.003.0011","DOIUrl":"https://doi.org/10.1093/he/9780198759140.003.0011","url":null,"abstract":"Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the crime of theft. There are five elements in theft: appropriation; property; belonging to another; dishonesty; and intention permanently to deprive. The first three listed are the actus reus elements and the last two are the mens rea. The offence is under s 1 Theft Act 1968, but ss 2–6 give (some) guidance on each of the elements.","PeriodicalId":214631,"journal":{"name":"Criminal Law Concentrate","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129788475","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"13. Other property offences","authors":"J. Herring","doi":"10.1093/HE/9780198815150.003.0013","DOIUrl":"https://doi.org/10.1093/HE/9780198815150.003.0013","url":null,"abstract":"Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter examines six offences: criminal damage, robbery, burglary, handling stolen goods, making off without payment, and squatting. What the offences share is that they relate in some way to property. Although rarely examined on their own, these topics are often assessed as part of bigger questions, sometimes incorporating other offences (eg theft, assault) and sometimes involving aspects of the general defences too.","PeriodicalId":214631,"journal":{"name":"Criminal Law Concentrate","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134333922","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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