{"title":"33. Money laundering (additional chapter)","authors":"D. Ormerod, Karl Laird","doi":"10.1093/he/9780198849704.003.0033","DOIUrl":"https://doi.org/10.1093/he/9780198849704.003.0033","url":null,"abstract":"This chapter discusses the offences in the Proceeds of Crime Act 2002 which criminalize dealing with the proceeds of crime. These are extremely broad offences with many features which could be characterized as being draconian as successive governments have sought to combat serious crime by targeting not just the offenders (who may commit a money laundering offence in relation to their own criminal conduct), but all those who assist in the disposal of criminal proceeds. These offences have generated a huge volume of case law, much of which has reached the House of Lords and the Supreme Court. This chapter analyses how these offences relate to handling stolen goods.","PeriodicalId":379891,"journal":{"name":"Smith, Hogan, and Ormerod's Criminal Law","volume":"30 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125239609","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":"32. Selected road traffic offences (additional chapter)","authors":"D. Ormerod, Karl Laird","doi":"10.1093/he/9780198849704.003.0032","DOIUrl":"https://doi.org/10.1093/he/9780198849704.003.0032","url":null,"abstract":"This chapter discusses road traffic offences including dangerous driving, careless and inconsiderate driving, causing death by driving, causing death by careless or inconsiderate driving when under the influence of drugs or alcohol, and causing death while driving unlawfully. A discussion of these offences contributes to an understanding of the general principles of criminal law. Dangerous and careless driving are rare examples of English law providing endangerment offences. The Road Safety Act 2006 includes some controversial new offences in which liability is imposed for a death arising while unlawfully on the roads irrespective of whether the death is due to some defect in the manner of the driving. The chapter examines the decisions of the Supreme Court in Hughes and in Taylor on the need for fault as to driving.","PeriodicalId":379891,"journal":{"name":"Smith, Hogan, and Ormerod's Criminal Law","volume":"88 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133252259","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":"30. Obscene communication and publication offences (additional chapter)","authors":"D. Ormerod, Karl Laird","doi":"10.1093/he/9780198849704.003.0030","DOIUrl":"https://doi.org/10.1093/he/9780198849704.003.0030","url":null,"abstract":"This chapter deals with the offences addressed in the Obscene Publications Acts 1959 and 1964, and related offences. These offences not only have implications for freedom of speech but also raise important issues about the appropriate boundaries of criminalization. Obscene publications are governed by s 2(1) of the Obscene Publications Act 1959. This chapter also considers extreme pornography and other offensive communications offences such as malicious communications, obscenity in the theatre, possession of prohibited images of children, posting indecent or obscene matter, indecent displays, outraging public decency, revenge porn and recent proposals for reform.","PeriodicalId":379891,"journal":{"name":"Smith, Hogan, and Ormerod's Criminal Law","volume":"71 1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116659892","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":"34. Offensive weapons (additional chapter)","authors":"D. Ormerod, Karl Laird","doi":"10.1093/he/9780198849704.003.0034","DOIUrl":"https://doi.org/10.1093/he/9780198849704.003.0034","url":null,"abstract":"Legislation regulating the possession and use of firearms and offensive weapons is of major importance in the prevention of offences against the person and there are a number of offences, some of which have existed for many years, which criminalize the unlawful possession of offensive weapons. This chapter discusses these offences. Although they may seem straightforward, these offences have generated a significant volume of case law. Whether an articles is ‘made for’ causing injury requires the jury to consider whether it is of a kind which is, generally speaking, made for such use.","PeriodicalId":379891,"journal":{"name":"Smith, Hogan, and Ormerod's Criminal Law","volume":"104 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116786550","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":"29. Forgery (additional chapter)","authors":"D. Ormerod, Karl Laird","doi":"10.1093/he/9780198849704.003.0029","DOIUrl":"https://doi.org/10.1093/he/9780198849704.003.0029","url":null,"abstract":"Forgery and counterfeiting are regulated by the Forgery and Counterfeiting Act 1981. Forgery overlaps with many other offences and tends to be committed in preparation for some other crime, usually one involving fraud. Although there are many available dishonesty offences, forgery is considered a separate offence because of its serious nature and because it warrants a particular label within the criminal code. It involves making, copying or using a false instrument as well as using a copy of a false instrument, having custody or control of specified kinds of false instrument and making or having custody or control of any means (eg paper, machines) for making false instruments.","PeriodicalId":379891,"journal":{"name":"Smith, Hogan, and Ormerod's Criminal Law","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125431510","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":"28. Computer misuse (additional chapter)","authors":"D. Ormerod, Karl Laird","doi":"10.1093/he/9780198849704.003.0028","DOIUrl":"https://doi.org/10.1093/he/9780198849704.003.0028","url":null,"abstract":"The impact of computer technology on society has been profound and this chapter examines the offences in the Computer Misuse Act 1990 as amended in the Police and Justice Act 2006 and in the Serious Crime Act 2015. The focus is on offences related to computer misuse, including unauthorized access to computer material, unauthorized access with intent to commit or facilitate further offences, unauthorized acts with intent to impair or recklessness as to impairment of a computer, impairing a computer such as to cause serious damage and making, supplying or obtaining articles for use in such offences.","PeriodicalId":379891,"journal":{"name":"Smith, Hogan, and Ormerod's Criminal Law","volume":"31 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124191097","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":"31. Offences against public order (additional chapter)","authors":"D. Ormerod, Karl Laird","doi":"10.1093/he/9780198849704.003.0031","DOIUrl":"https://doi.org/10.1093/he/9780198849704.003.0031","url":null,"abstract":"The Public Order Act 1986 is the principal source of public order offences. These are riot, violent disorder and affray, along with inducing fear of violence and behaviour likely to cause harassment, alarm or distress. Some of the offences in the 1986 Act may be committed in private, but their public order foundations are paramount and these offences should not be treated as merely additional offences against the person. This chapter deals with offences against public order. It also considers harassment, alarm or distress, racially aggravated public order offences and acts intended or likely to incite racial or religious hatred and hatred on the grounds of sexual orientation. The chapter concludes by looking at public nuisance and vicarious liability.","PeriodicalId":379891,"journal":{"name":"Smith, Hogan, and Ormerod's Criminal Law","volume":"95 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130396219","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. Further homicide and related offences","authors":"D. Ormerod, Karl Laird","doi":"10.1093/he/9780198702313.003.0016","DOIUrl":"https://doi.org/10.1093/he/9780198702313.003.0016","url":null,"abstract":"This chapter deals with further homicide and related offences. It discusses offences ancillary to murder, solicitation and threats to kill, the offence of concealment of birth, complicity in suicide, mercy killing and suicide pacts as well as the Suicide Act 1961. The chapter also covers offences of infanticide, child destruction and abortion. Finally, it then moves on to provide an overview of the offences under the Domestic Violence, Crime and Victims Acts 2004 and 2012 of causing or allowing a child or vulnerable adult to be killed or caused serious injury. The chapter examines the recent line of case law from the House of Lords and the Supreme Court considering whether the absolute prohibition on assisted suicide violates rights guaranteed in the European Convention on Human Rights.","PeriodicalId":379891,"journal":{"name":"Smith, Hogan, and Ormerod's Criminal Law","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-06-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115108179","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":"18. Theft","authors":"David Ormerod, Karl Laird","doi":"10.1093/he/9780198807094.003.0018","DOIUrl":"https://doi.org/10.1093/he/9780198807094.003.0018","url":null,"abstract":"In English law, offences related to dishonesty are governed by the Theft Acts 1968 and 1978, the Theft (Amendment) Act 1996 and the Fraud Act 2006. These Acts are not a restatement of the common law and its numerous statutory additions but they do provide a code of the most important offences of dishonest dealing with the protection of property (with the notable exception of forgery and conspiracy to defraud). This chapter deals with the offence of theft. It offers a detailed review of the concept of dishonesty in the light of the redefinition of that concept by the Supreme Court in Ivey v Genting Casinos and its acceptance in Barton.","PeriodicalId":379891,"journal":{"name":"Smith, Hogan, and Ormerod's Criminal Law","volume":"35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-06-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125649673","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":"22. The Fraud Act 2006","authors":"D. Ormerod, Karl Laird","doi":"10.1093/HE/9780198702313.003.0023","DOIUrl":"https://doi.org/10.1093/HE/9780198702313.003.0023","url":null,"abstract":"This chapter considers the offences under the Fraud Act 2006 and the important body of case law that now exists interpreting the 2006 Act. It discusses the common elements of the offence of fraud; namely, dishonesty (including the impact of Ivey), with intent to gain or cause loss or to expose to a risk of loss, and remoteness of intention. The fraud offences are each examined in turn: fraud by false representation, fraud by failing to disclose information, fraud by abuse of position, possession of articles for fraud and making or supplying articles for use in frauds. The chapter provides extensive discussion of the desirability of having a general fraud offence and examines the difficulties encountered in relying so much upon the concept of dishonesty.","PeriodicalId":379891,"journal":{"name":"Smith, Hogan, and Ormerod's Criminal Law","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-06-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125711343","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}