{"title":"9. Defences of compulsion","authors":"J. Loveless","doi":"10.1093/HE/9780198702290.003.0009","DOIUrl":"https://doi.org/10.1093/HE/9780198702290.003.0009","url":null,"abstract":"This chapter focuses on legal defences to criminal offences in Great Britain that will result in acquittal, which include duress and duress of circumstances, necessity, compulsion, public and private defence, and mistaken belief. These defences can be divided into justifications and excuses, and most of them consist of subjective and objective elements. The chapter explains the general principles of these excusatory and justificatory defences, and evaluates proposed reforms of criminal law covering these types of defence. It also provides examples of relevant cases and analyses the bases of court decisions in each of them.","PeriodicalId":269043,"journal":{"name":"Complete Criminal Law","volume":"20 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130690237","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":"4. Strict, vicarious and corporate liability","authors":"J. Loveless","doi":"10.1093/he/9780198702290.003.0004","DOIUrl":"https://doi.org/10.1093/he/9780198702290.003.0004","url":null,"abstract":"This chapter examines the concept of strict, vicarious and corporate liability in the context of criminal law. It discusses the implications of strict liability for actus reus and mens rea, evaluates arguments for and against strict liability, and considers the treatment of strict liability under the European Convention on Human Rights (ECHR). The chapter explains the principle of corporate liability, highlights the problems in prosecuting a corporation for a serious crime and explains/critiques the key provisions of the Corporate Manslaughter and Corporate Homicide Act (CMCHA) 2007 in Great Britain. It also provides several examples of relevant cases and analyses the bases of court decision in each of them.","PeriodicalId":269043,"journal":{"name":"Complete Criminal Law","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131244195","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. Non-fatal offences against the person","authors":"J. Loveless","doi":"10.1093/HE/9780198702290.003.0010","DOIUrl":"https://doi.org/10.1093/HE/9780198702290.003.0010","url":null,"abstract":"This chapter discusses the provisions of criminal law for non-fatal offences against the person in Great Britain, which include assault, battery, malicious wounding, grievous bodily harm, and racially and religiously aggravated assaults. It examines the distinction between these major offences against the person and discusses the actus reus and mens rea elements of them. The chapter evaluates the use of the consent and lawful chastisement in legal defence, analyses the relevant provisions of the Harassment Act 1997 and the new offence of coercive control, and reviews some recent reform proposals. It also provides examples of related cases and comments on the bases of court decisions on each of them.","PeriodicalId":269043,"journal":{"name":"Complete Criminal Law","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127541547","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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