{"title":"2. Actus Reus: The Conduct Element","authors":"J. Herring","doi":"10.1093/he/9780198811817.003.0002","DOIUrl":"https://doi.org/10.1093/he/9780198811817.003.0002","url":null,"abstract":"The actus reus is a central aspect of criminal law that defines the harm done to the victim and the wrong performed by the defendant. In many cases this involves proof that the defendant caused a particular result. This chapter begins by distinguishing the component elements of a crime. It then discusses the voluntary act ‘requirement’; causation; classification of offences; the need for a voluntary act; omissions; and seeking a coherent approach to causation.","PeriodicalId":44276,"journal":{"name":"Journal of Criminal Law","volume":"77 1","pages":""},"PeriodicalIF":0.6,"publicationDate":"2018-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88392073","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: The Mental Element","authors":"J. Herring","doi":"10.1093/he/9780198811817.003.0003","DOIUrl":"https://doi.org/10.1093/he/9780198811817.003.0003","url":null,"abstract":"Mens rea is the legal term used to describe the element of a criminal offence that relates to the defendant’s mental state. Different crimes have different mentes reae: some require intention, others recklessness, negligence, or knowledge. Some crimes do not require proof of any mental state of the defendant. This chapter considers the following concepts that are used throughout criminal law: (a) intention; (b) recklessness; (c) negligence; and (d) knowledge.","PeriodicalId":44276,"journal":{"name":"Journal of Criminal Law","volume":"1 1","pages":""},"PeriodicalIF":0.6,"publicationDate":"2018-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79795610","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. Non-Fatal Non-Sexual Offences Against the Person","authors":"J. Herring","doi":"10.1093/HE/9780198811817.003.0006","DOIUrl":"https://doi.org/10.1093/HE/9780198811817.003.0006","url":null,"abstract":"This chapter discusses a wide range of offences against the person: from an unwanted touching on an arm to a life-threatening attack. Key to the law is the right to bodily integrity: a person should not be touched against his or her wishes. This right is protected under the common law and Article 8 of the European Convention on Human Rights. Topics covered include assault and battery; assault occasioning actual bodily harm; malicious wounding; wounding with intent; poisoning; racially and religiously aggravated crimes; the Protection from Harassment Act 1997; threats offences; transmitting disease; consent and assault; the true nature and extent of violent crime; the nature of an assault; objections to and reform of the Offences Against the Person Act 1861; and emotional and relational harm.","PeriodicalId":44276,"journal":{"name":"Journal of Criminal Law","volume":"33 1","pages":""},"PeriodicalIF":0.6,"publicationDate":"2018-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84766602","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. Complicity","authors":"J. Herring","doi":"10.1093/he/9780198811817.003.0015","DOIUrl":"https://doi.org/10.1093/he/9780198811817.003.0015","url":null,"abstract":"This chapter begins with a discussion of the law of complicity, covering principals and accomplices; five ways one can be an accomplice; mens rea for accomplices; secondary participation and inchoate offences; conviction of the secondary party and acquittal of the principal; whether a secondary party can be guilty of a greater offence than the principal; withdrawal by a secondary party; accessories and victims; and assistance after the offence. The second part of the chapter focuses on accessories and the theory of complicity, covering general theories of accessorial liability; theories of accessorial mens rea; the theory of joint enterprise; actus reus issues; withdrawal; and law reform.","PeriodicalId":44276,"journal":{"name":"Journal of Criminal Law","volume":"17 1","pages":""},"PeriodicalIF":0.6,"publicationDate":"2018-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78109520","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. Theft, Handling, and Robbery","authors":"J. Herring","doi":"10.1093/he/9780198811817.003.0008","DOIUrl":"https://doi.org/10.1093/he/9780198811817.003.0008","url":null,"abstract":"This chapter begins with a discussion of the law on theft, robbery, assault with intent to rob, handling stolen goods, and money laundering offences. The second part of the chapter focuses on the theory of theft, covering property offences; the debate over Gomez; the Hinks debate; temporary appropriation; dishonesty; robberies; and handling stolen goods.","PeriodicalId":44276,"journal":{"name":"Journal of Criminal Law","volume":"47 6 1","pages":""},"PeriodicalIF":0.6,"publicationDate":"2018-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81200494","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":"14. Inchoate Offences","authors":"J. Herring","doi":"10.1093/HE/9780198811817.003.0014","DOIUrl":"https://doi.org/10.1093/HE/9780198811817.003.0014","url":null,"abstract":"This chapter discusses the law and theory of inchoate offences, which are those that seek to deal with defendants who have taken steps towards the commission of an offence but who have not (yet) committed it. The two best-known examples are attempts and conspiracies. In attempt cases, the defendant has gone beyond mere preparation and taken steps towards carrying out a complete crime. Conspiracy involves agreeing with others to commit an offence. The Serious Crime Act 2007 offences involve encouraging or assisting a person to commit an offence. With all of these inchoate offences the defendant has not him or herself performed the actus reus but is sufficiently close to doing so, or persuading others to do so, for the law to find it appropriate to punish them. The second part of the chapter shows that there is much debate about the justification for inchoate offences.","PeriodicalId":44276,"journal":{"name":"Journal of Criminal Law","volume":"33 1","pages":""},"PeriodicalIF":0.6,"publicationDate":"2018-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78569736","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":"12. Defences","authors":"J. Herring","doi":"10.1093/he/9780198811817.003.0012","DOIUrl":"https://doi.org/10.1093/he/9780198811817.003.0012","url":null,"abstract":"This chapter begins with a discussion of the law on defences. It covers private defence and the prevention of crime; necessity; chastisement; consent; duress; coercion; entrapment; superior orders; automatism; insanity; diminished responsibility; loss of control; intoxication; and mistake. The second part of the chapter focuses on the theory of defences, covering the definition of defences; justifications and excuses; character, choice, and capacity; determinism; the rejection of an overarching theory; insanity; private defence; duress; necessity; and issues that fall between the gaps of the defences.","PeriodicalId":44276,"journal":{"name":"Journal of Criminal Law","volume":"24 1","pages":""},"PeriodicalIF":0.6,"publicationDate":"2018-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73113753","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. Homicide","authors":"J. Herring","doi":"10.1093/he/9780198811817.003.0005","DOIUrl":"https://doi.org/10.1093/he/9780198811817.003.0005","url":null,"abstract":"This chapter discusses homicide in the criminal law, which can be divided into the following categories: murder, manslaughter, infanticide, and a number of specific offences concerned with causing death while driving. It considers suicide pacts, mercy killing, and euthanasia, homicide statistics, non-homicide killings, and diminished responsibility. Significant academic and political energy is put into homicide law, given the relatively few homicide offences that take place each year. What this reveals is that the law’s approach to homicide has great symbolic importance in both political and legal terms.","PeriodicalId":44276,"journal":{"name":"Journal of Criminal Law","volume":"15 1","pages":""},"PeriodicalIF":0.6,"publicationDate":"2018-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81261075","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":"9. Fraud","authors":"Jonathan Herring","doi":"10.1093/he/9780198753049.003.0009","DOIUrl":"https://doi.org/10.1093/he/9780198753049.003.0009","url":null,"abstract":"This chapter begins with a discussion of the law on fraud, covering fraud by false representation; fraud by failing to disclose information; fraud by abuse of position; fraud and possession offences; obtaining services dishonestly; conspiracy to defraud; and making off without payment. The second part of the chapter focuses on the theory of fraud, covering the extent and nature of fraud, and the Fraud Act 2006.","PeriodicalId":44276,"journal":{"name":"Journal of Criminal Law","volume":"160 1","pages":""},"PeriodicalIF":0.6,"publicationDate":"2018-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74201291","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. Criminal Damage","authors":"J. Herring","doi":"10.1093/HE/9780198811817.003.0011","DOIUrl":"https://doi.org/10.1093/HE/9780198811817.003.0011","url":null,"abstract":"This chapter discusses the law and theory on criminal damage. Criminal damage involves the defendant intentionally or recklessly destroying or damaging property belonging to another. The defendant will have a defence if he or she was acting with a lawful excuse. Four criminal damage offences are found in the Criminal Damage Act 1971: basic criminal damage, arson, aggravated criminal damage, and aggravated arson. There is also an offence of racially aggravated criminal damage. The chapter also considers the Computer Misuse Act 1990, which was designed to protect information kept on computers.","PeriodicalId":44276,"journal":{"name":"Journal of Criminal Law","volume":"30 1","pages":""},"PeriodicalIF":0.6,"publicationDate":"2018-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74069707","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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