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26. Handling and related offences 26. 处理及有关罪行
Smith, Hogan, and Ormerod's Criminal Law Pub Date : 2018-06-21 DOI: 10.1093/he/9780198702313.003.0027
D. Ormerod, Karl Laird
{"title":"26. Handling and related offences","authors":"D. Ormerod, Karl Laird","doi":"10.1093/he/9780198702313.003.0027","DOIUrl":"https://doi.org/10.1093/he/9780198702313.003.0027","url":null,"abstract":"This chapter deals with handling of stolen goods and related offences. Under s 22 of the Theft Act 1968, a person who dishonestly receives goods, or dishonestly undertakes or assists in their retention, removal, disposal or realization by or for the benefit of another person, or if he arranges to do so knowing or believing that they are stolen goods, is guilty of the offence of handling stolen goods. English law treats this offence as an independent crime rather than one of being an ‘accessory after the fact’ to theft. The chapter considers the actus reus and mens rea of handling stolen goods, when goods cease to be stolen, handling by omission, the ‘doctrine’ of recent possession, dishonest retention of a wrongful credit, advertising for the return of stolen goods and money laundering.","PeriodicalId":379891,"journal":{"name":"Smith, Hogan, and Ormerod's Criminal Law","volume":"27 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":"122271525","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}
引用次数: 0
9. Mental conditions, intoxication and mistake 9. 精神状况，中毒和错误
Smith, Hogan, and Ormerod's Criminal Law Pub Date : 2018-06-21 DOI: 10.1093/HE/9780198702313.003.0011
D. Ormerod, Karl Laird
{"title":"9. Mental conditions, intoxication and mistake","authors":"D. Ormerod, Karl Laird","doi":"10.1093/HE/9780198702313.003.0011","DOIUrl":"https://doi.org/10.1093/HE/9780198702313.003.0011","url":null,"abstract":"This chapter considers the most commonly occurring ‘mental condition defences’, focusing on the pleas of insanity, intoxication and mistake. The common law historically made a distinction between justification and excuse, at least in relation to homicide. It is said that justification relates to the rightness of the act but to excuse as to the circumstances of the individual actor. The chapter examines the relationship between mental condition defences, insanity and unfitness to be tried, and explains the Law Commission’s most recent recommendations for reforming unfitness and other mental condition defences. It explores the test of insanity, disease of the mind (insanity) versus external factor (sane automatism), insane delusions and insanity, burden of proof, function of the jury, self-induced automatism, intoxication as a denial of criminal responsibility, voluntary and involuntary intoxication, dangerous or non-dangerous drugs in basic intent crime and intoxication induced with the intention of committing crime.","PeriodicalId":379891,"journal":{"name":"Smith, Hogan, and Ormerod's Criminal Law","volume":"50 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":"127422707","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}
引用次数: 0
1. An introduction to the criminal law 1. 刑法概论
Smith, Hogan, and Ormerod's Criminal Law Pub Date : 2018-06-21 DOI: 10.1093/HE/9780198807094.003.0001
D. Ormerod, Karl Laird
{"title":"1. An introduction to the criminal law","authors":"D. Ormerod, Karl Laird","doi":"10.1093/HE/9780198807094.003.0001","DOIUrl":"https://doi.org/10.1093/HE/9780198807094.003.0001","url":null,"abstract":"It is neither easy to define crime nor identify the aims of criminal law but some characteristics may be universal to every crime, including that it involves public wrongs and moral wrongs. ‘Public wrongs’ reflect the important role of the public in punishing crimes. A crime incorporating a moral wrong implies that a ‘wrong’ is done or harm to others is involved but experience suggests that morality and criminal law are not coextensive. The chapter introduces students to thinking about criminalization and the need to guard against overcriminalization. It also examines the principal sources of criminal law: common law, statute, EU law, international law and the European Convention on Human Rights (ECHR). Problematically, important and serious offences and most defences in English law derive from common law rather than statute, and some offences—from public nuisance to gross negligence manslaughter—have been challenged recently on grounds of certainty and retrospectivity.","PeriodicalId":379891,"journal":{"name":"Smith, Hogan, and Ormerod's Criminal Law","volume":"1 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":"115716887","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}
引用次数: 0
2. The elements of a crime: actus reus 2. 犯罪的要素:既成事实
Smith, Hogan, and Ormerod's Criminal Law Pub Date : 2018-06-21 DOI: 10.1093/he/9780198807094.003.0002
D. Ormerod, Karl Laird
{"title":"2. The elements of a crime: actus reus","authors":"D. Ormerod, Karl Laird","doi":"10.1093/he/9780198807094.003.0002","DOIUrl":"https://doi.org/10.1093/he/9780198807094.003.0002","url":null,"abstract":"The chapter begins the exploration of the elements of criminal offences. Two factors are crucial: the event, behaviour or state of affairs known as the external element or actus reus, and the state of mind known as the mental element or mens rea. This chapter discusses the principle of actus reus, proof and the elements of the offence, how to identify elements of actus reus and mens rea, coincidence of actus reus and mens rea, the effect of penalty provisions in determining the elements of the actus reus, actus reus and justification or excuse, the problematic case of Dadson with regard to actus reus, physical involuntariness, a ‘state of affairs’ as an actus reus, general liability for omissions, offences of mere omission, causation, the ‘but for’ principle, the connection between fault and result and negligible causes.","PeriodicalId":379891,"journal":{"name":"Smith, Hogan, and Ormerod's Criminal Law","volume":"1 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":"129984678","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}
引用次数: 0
23. Other offences involving fraud 23. 其他涉及诈骗的罪行
Smith, Hogan, and Ormerod's Criminal Law Pub Date : 2018-06-21 DOI: 10.1093/HE/9780198702313.003.0024
D. Ormerod, Karl Laird
{"title":"23. Other offences involving fraud","authors":"D. Ormerod, Karl Laird","doi":"10.1093/HE/9780198702313.003.0024","DOIUrl":"https://doi.org/10.1093/HE/9780198702313.003.0024","url":null,"abstract":"This chapter focuses on other offences involving fraud, including false accounting, false statements by company directors, suppression of documents and cheating the public revenue—offences that are addressed in s 17 of the Theft Act 1968. Section 17(1)(a) criminalizes falsification of accounts, etc, whereas s 17(1)(b) criminalizes using a falsified account, etc. Section 17(2) provides an extended, albeit non-exhaustive, definition of falsity. The concept of a claim of right includes a claim to the payment of a debt. If a person genuinely believes in the claim of right to the money to which he acts with a view to gain, there is no reason why he should use false means (evidencing his dishonesty) to acquire that money. This chapter also discusses elements of the fraud-related offences including ‘gain’ and ‘loss’ as defined in s 34(2)(a) of the Theft Act 1968.","PeriodicalId":379891,"journal":{"name":"Smith, Hogan, and Ormerod's Criminal Law","volume":"55 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":"132106619","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}
引用次数: 0
6. Parties to crime 6. 犯罪当事人
Smith, Hogan, and Ormerod's Criminal Law Pub Date : 2018-06-21 DOI: 10.1093/he/9780198807094.003.0006
D. Ormerod, Karl Laird
{"title":"6. Parties to crime","authors":"D. Ormerod, Karl Laird","doi":"10.1093/he/9780198807094.003.0006","DOIUrl":"https://doi.org/10.1093/he/9780198807094.003.0006","url":null,"abstract":"A person who aids, abets, counsels or procures another to commit an offence is criminally liable and known as an ‘accessory’ or a ‘secondary party’. This chapter focuses on the basis of their liability, the distinction between accessories and principals, how secondary liability differs from inchoate liability, the principal offender, innocent agency, the accessory’s actus reus, whether an omission is sufficient and whether mere presence at the crime is enough. The chapter discusses the Supreme Court decision in Jogee, examining problems of ‘joint enterprise liability’, issues of terminology, the significance of the doctrine of joint enterprise in murder and why the Supreme Court characterized it as involving a ‘wrong turn’. It also deals with withdrawal by a secondary party before the principal offender commits the crime, victims as parties to crime and instigation by law enforcement officers for the purpose of entrapment.","PeriodicalId":379891,"journal":{"name":"Smith, Hogan, and Ormerod's Criminal Law","volume":"13 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":"122442078","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}
引用次数: 0
5. Crimes of strict liability 5. 严格责任罪
Smith, Hogan, and Ormerod's Criminal Law Pub Date : 2018-06-21 DOI: 10.1093/HE/9780198702313.003.0007
D. Ormerod, Karl Laird
{"title":"5. Crimes of strict liability","authors":"D. Ormerod, Karl Laird","doi":"10.1093/HE/9780198702313.003.0007","DOIUrl":"https://doi.org/10.1093/HE/9780198702313.003.0007","url":null,"abstract":"Offences of strict liability are those crimes that do not require mens rea or even negligence as to one or more elements in the actus reus. Where an offence is interpreted to be one of strict liability, the accused will be criminally liable even if he could not have avoided the prescribed harm despite attempting to do so. Where someone is accused of strict liability, it is not necessary for the prosecution to tender evidence of mens rea as to the matter of strict liability. This chapter discusses strict liability and its distinction from ‘absolute’ liability, crimes of strict liability in common law and statutes, strict liability and the presumption of innocence, the presumption of mens rea, the severity of punishment for strict liability, arguments for and against strict liability, the imposition of liability for negligence and statutory due diligence defences.","PeriodicalId":379891,"journal":{"name":"Smith, Hogan, and Ormerod's Criminal Law","volume":"26 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":"125937606","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}
引用次数: 2
20. Offences of temporary deprivation 20.。暂时剥夺财产罪
Smith, Hogan, and Ormerod's Criminal Law Pub Date : 2018-06-21 DOI: 10.1093/he/9780198702313.003.0021
D. Ormerod, Karl Laird
{"title":"20. Offences of temporary deprivation","authors":"D. Ormerod, Karl Laird","doi":"10.1093/he/9780198702313.003.0021","DOIUrl":"https://doi.org/10.1093/he/9780198702313.003.0021","url":null,"abstract":"Theft involves an intention to deprive another permanently of their property. The criminal law has also devised offences involving temporary deprivation of property including the taking of vehicles and the taking of vessels, both of which are currently dealt with in s 12 of the Theft Act 1968. The Theft Act 1968 also includes another offence of temporary deprivation: removal of articles from places open to the public. In this case, the article must be removed from the building or from its grounds before the actus reus and mens rea of the offence can be completed. In other words, removal from the building to the grounds or vice versa will suffice.","PeriodicalId":379891,"journal":{"name":"Smith, Hogan, and Ormerod's Criminal Law","volume":"34 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":"129857717","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}
引用次数: 0
4. Crimes of negligence 4. 过失罪
Smith, Hogan, and Ormerod's Criminal Law Pub Date : 2018-06-21 DOI: 10.1093/he/9780198702313.003.0006
D. Ormerod, Karl Laird
{"title":"4. Crimes of negligence","authors":"D. Ormerod, Karl Laird","doi":"10.1093/he/9780198702313.003.0006","DOIUrl":"https://doi.org/10.1093/he/9780198702313.003.0006","url":null,"abstract":"Negligence refers to conduct that does not conform to what would be expected of a reasonable person. Along with intention and recklessness, negligence involves a failure to comply with an objective standard of conduct; that is, all of them are forms of fault. To prove negligence, the prosecution is not required to show that the accused failed to foresee a relevant risk; it only has to establish that his conduct failed to comply with a reasonable standard. A person is negligent if he is not able to comply with an objective standard of behaviour set by the law. This chapter deals with crimes of negligence and negligence as mens rea, negligence as the basis of liability, degrees of negligence, negligence as a form of culpable fault, and negligence and capacity.","PeriodicalId":379891,"journal":{"name":"Smith, Hogan, and Ormerod's Criminal Law","volume":"63 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":"126629025","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}
引用次数: 1
17. Sexual offences 17. 性侵犯
Smith, Hogan, and Ormerod's Criminal Law Pub Date : 2018-06-21 DOI: 10.1093/HE/9780198807094.003.0017
D. Ormerod, Karl Laird
{"title":"17. Sexual offences","authors":"D. Ormerod, Karl Laird","doi":"10.1093/HE/9780198807094.003.0017","DOIUrl":"https://doi.org/10.1093/HE/9780198807094.003.0017","url":null,"abstract":"The Sexual Offences Act 2003 (SOA 2003) represents the most comprehensive and radical overhaul of the law relating to sexual offences ever undertaken in England and Wales. This chapter deals with non-consensual sexual offences; namely, rape, assault by penetration, sexual assault and intentionally causing someone to engage in sexual activity. It also examines sexual offences against children below 13 years of age, sexual offences against children aged 13 to 16, causing a child to watch a sexual act, arranging or facilitating the commission of a child sex offence, meeting a child following sexual grooming, etc. Finally, the chapter explores offences of abuse of trust, family offences, offences involving mental disorder and other sexual offences such as those surrounding prostitution, pornography and taking indecent photographs of children.","PeriodicalId":379891,"journal":{"name":"Smith, Hogan, and Ormerod's Criminal Law","volume":"4 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":"115261379","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}
引用次数: 0
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