{"title":"15. Inchoate offences: attempt, conspiracy and assisting and encouraging under the Serious Crime Act 2007","authors":"J. Loveless, Mischa Allen, Caroline Derry","doi":"10.1093/HE/9780198803270.003.0015","DOIUrl":"https://doi.org/10.1093/HE/9780198803270.003.0015","url":null,"abstract":"This chapter examines different types of inchoate offences in Great Britain, which include attempt, conspiracy, and encouraging or assisting. It explains the conditions of liability for these offences, discusses the relevant provisions of the Serious Crime Act 2007, clarifies the general principles of these offences, and identifies their actus reus and mens rea elements. It also explores and clarifies the difference between these offences. The chapter discusses the three offences that replace the common law offence of incitement which apply to one who ‘facilitates’ another’s offence. Examples of relevant cases and analyses of court decisions in each of them are also provided.","PeriodicalId":269043,"journal":{"name":"Complete Criminal Law","volume":"3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-05-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122192133","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":"7. Homicide 2: voluntary and involuntary manslaughter","authors":"J. Loveless, Mischa Allen, Caroline Derry","doi":"10.1093/HE/9780198803270.003.0007","DOIUrl":"https://doi.org/10.1093/HE/9780198803270.003.0007","url":null,"abstract":"This chapter examines the provisions of criminal law for voluntary and involuntary manslaughter in Great Britain, explaining that voluntary manslaughter refers to intentional killings while involuntary manslaughter may be caused by recklessness, gross negligence, or dangerous and unlawful acts. Voluntary manslaughter must have the actus reus and mens rea for murder but must also have a partial defence. This chapter discusses the concept of partial defences of loss of control and diminished responsibility as well as that of suicide pact under the Homicide Act 1957. The chapter also considers other homicide-related offences such as infanticide and causing death by dangerous, careless, or inconsiderate driving, and analyses court decisions in several relevant cases.","PeriodicalId":269043,"journal":{"name":"Complete Criminal Law","volume":"106 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-05-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131527839","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. Homicide 1: murder","authors":"J. Loveless, Mischa Allen, Caroline Derry","doi":"10.1093/he/9780198803270.003.0006","DOIUrl":"https://doi.org/10.1093/he/9780198803270.003.0006","url":null,"abstract":"This chapter, which examines homicide law in Great Britain, focusing on murder, explains that the term homicide includes the offences of murder and manslaughter and can also be used to refer to other forms of statutory offences of killing. It clarifies that murder refers to intentional killings while manslaughter concerns unintentional killings, and discusses actus reus and mens rea elements of murder. The chapter discusses the sentence for murder under the Criminal Justice Act 2003 and comments on the justification for mandatory life sentence. It also reviews the most recent proposals for reform of murder and the mandatory sentence, and analyses court decisions in relevant cases.","PeriodicalId":269043,"journal":{"name":"Complete Criminal Law","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-05-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128957313","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. Defences of incapacity and mental conditions","authors":"J. Loveless","doi":"10.1093/HE/9780198702290.003.0008","DOIUrl":"https://doi.org/10.1093/HE/9780198702290.003.0008","url":null,"abstract":"This chapter examines the use of incapacity and mental condition defences for criminal offences in Great Britain. It discusses the general principles of the excusatory defence of insanity and automatism as distinct from diminished responsibility and explores the notion that insanity is out of date and unrelated to contemporary classifications of mental illness. It considers whether insanity can be pleaded for all crimes. The chapter explains that intoxication is often not considered a valid defence although it may negate mens rea and provide partial defence to crimes of specific intent. It explains and clarifies the Majewski rule and how it works. It also considers intoxicated mistake. The chapter evaluates arguments for and against the age of criminal responsibility and analyses court decisions in relevant cases.","PeriodicalId":269043,"journal":{"name":"Complete Criminal Law","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-05-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129200229","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. Secondary participation: parties to a crime","authors":"J. Loveless, Mischa Allen, Caroline Derry","doi":"10.1093/he/9780198803270.003.0005","DOIUrl":"https://doi.org/10.1093/he/9780198803270.003.0005","url":null,"abstract":"This chapter focuses on accessories to a crime or those who assist or encourage another to commit a crime. It discusses the conditions for liability under actus reus and mens rea, and explains that an accessory can be held liable for a crime and given the same punishment. The chapter explains accessorial liability for offences which go beyond the joint venture, and defences to secondary participation, evaluating whether victims can also be considered as accessories. The chapter provides examples of relevant cases including the case of Jogee, which, following recommendations of reform from the Law Commission and others, made significant changes to accessorial liability in joint ventures.","PeriodicalId":269043,"journal":{"name":"Complete Criminal Law","volume":"83 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-05-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121813458","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: intention, recklessness, negligence and gross negligence","authors":"J. Loveless, Mischa Allen, Caroline Derry","doi":"10.1093/HE/9780198803270.003.0003","DOIUrl":"https://doi.org/10.1093/HE/9780198803270.003.0003","url":null,"abstract":"This chapter focuses on mens rea (MR), the mental element of a criminal offence, and discusses some of the components of MR, which include intention, recklessness, negligence and gross negligence. It explains that intention can either be direct or oblique and that recklessness may be defined as the conscious taking of an unjustified risk. It also explains how to distinguish between negligence and gross negligence: negligence is unreasonable conduct that creates risk while gross negligence is a high degree of negligence deserving criminal punishment. The chapter also considers several examples of cases relevant to MR and analyses the court decisions in each of them.","PeriodicalId":269043,"journal":{"name":"Complete Criminal Law","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-05-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123096074","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: acts, omissions and causation","authors":"J. Loveless, Mischa Allen, Caroline Derry","doi":"10.1093/HE/9780198803270.003.0002","DOIUrl":"https://doi.org/10.1093/HE/9780198803270.003.0002","url":null,"abstract":"A crime consists of conduct (actus reus or AR) and a mental element (mens rea or MR). This chapter focuses on actus reus (AR), the external elements of a criminal offence. It discusses the key components of AR. These key components are omissions or the liability for failing to act and causation, which represents the connection between the conduct and the result of an act. The chapter explains that AR must be proved, must be voluntary and can also include a mental element. It also considers several examples of cases relevant to AR and analyses the bases of the court decisions.","PeriodicalId":269043,"journal":{"name":"Complete Criminal Law","volume":"126 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-05-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123509168","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":"1. Introduction and general principles","authors":"J. Loveless","doi":"10.1093/he/9780198702290.003.0001","DOIUrl":"https://doi.org/10.1093/he/9780198702290.003.0001","url":null,"abstract":"This introductory chapter discusses the theme of this volume, which is about the principles and structure of criminal law. It begins with a discussion on the definition of crime and explains the fundamental principles of criminal law such as actus reus and mens rea, the source of criminal law in general, and procedures involved in a criminal trial as distinct from civil proceedings. The chapter explores the four main reasons for criminalising conduct, the burden of proof in criminal proceedings and the classification of crimes and courts. It discusses four theories concerning criminal punishment, reviews several recent cases, and evaluates the criminal justice system in Great Britain based on statistics and public perception.","PeriodicalId":269043,"journal":{"name":"Complete Criminal Law","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-05-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128607590","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. Property offences 2: fraud and making off without payment","authors":"J. Loveless, Mischa Allen, Caroline Derry","doi":"10.1093/he/9780198848462.003.0013","DOIUrl":"https://doi.org/10.1093/he/9780198848462.003.0013","url":null,"abstract":"This chapter examines property offences in Great Britain, focusing on fraud and making off without payment. It explains the key provisions of the Fraud Act 2006 for different types of fraud, which include fraud by false representation, fraud by failing to disclose information, fraud by abuse of position, and obtaining services dishonestly. It clarifies the distinction between fraud and the previous offences of deception. In particular, the fact that there is no longer a requirement for causation is discussed. The chapter discusses the actus reus and mens rea elements of the offences of fraud, and provides several examples of relevant cases, and analyses court decisions in each of them, including changes to judicial directions on dishonesty.","PeriodicalId":269043,"journal":{"name":"Complete Criminal Law","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-05-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116100242","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. Sexual offences","authors":"J. Loveless","doi":"10.1093/he/9780198702290.003.0011","DOIUrl":"https://doi.org/10.1093/he/9780198702290.003.0011","url":null,"abstract":"This chapter examines the types of sexual offence in Great Britain contained in the Sexual Offences Act 2003. These include rape, assault by penetration, sexual assault, and causing sexual activity without consent. The chapter discusses the key elements of these offences, analyses the social context of rape, and investigates the reasons behind the low conviction rates for rape cases. It explains the principle of the rape theory and the actus reus and mens rea elements of sexual offences, considers marital rape, and also provides examples of several relevant cases and analyses the bases of court decisions in each of them.","PeriodicalId":269043,"journal":{"name":"Complete Criminal Law","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-07-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125174034","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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