Criminal Law

Criminal Law is a brand new text aimed at students studying on an LLB or GDL course. Written in plain English, it provides students with a detailed understanding of the theoretical and substantive aspects of the law of crime, whilst maintaining a practice-based approach. The book provides a sound base level of knowledge of the substantive law. It then adds to this knowledge to ensure that students are able to apply the substantive law using a variety of skills in different contexts. Then, the text shows students how to engage with the subject and critically evaluate and consider the implications of the law in any given scenario. It is essential that students understand the dynamism of criminal law and ask the difficult questions that have been, and remain to be, pondered by academics. As such, the book also considers the social, economic and political context. This new edition of Criminal Law aims to present the law as of May 2020 and discusses recent cases on the following topics:  R v Wallace (Berlinah) (causation) R v Lane and Letts (AB and CD) (knowledge and strict liability) R (Davies) v Criminal Cases Review Commission, R v Towers; R v Hawkes, R v Tas, R v Harper, R v Daley (Kyrone), R v Jackson and R v N (accessories) R (Conway) v Secretary of State for Justice (assisted suicide) R v Cheeseman (householder self-defence) Pegram v DPP (evidence of self-defence and level of acceptable force) R v Taj (intoxicated mistakes in self-defence) R v MK; R v Gega (Modern Slavery Act 2015) R v Challen (diminished responsibility), R v Hussain and R v Sargeant (diminished responsibility and uncontested medical evidence) R v Winterton and R v Kuddus (gross negligence manslaughter) R v Melin (deception as to identity and attributes) R v Goodwin and R v Christian (loss of self-control) R v Tunstill (infanticide) R v Gimbert (theft of land) R v Cyprian Okoro (No 3) (meaning of possession) R v Eletu (aggravated burglary) R v Atta-Dankwa (s 18 GBH) R v Wilkinson (prevention of crime)

Table of Contents:
PART I GENERAL PRINCIPLES 1 Introduction to the Criminal Law 1.1 Introduction 1.2 The purpose of this text 1.3 Defining crime 1.4 The need for the criminal law? 1.5 Principles of criminal law 1.6 Sources of criminal law 1.7 Criminal procedure, evidence and sentencing 1.8 Nature of criminal liability 1.9 Further reading Summary Test Your Knowledge 2 Actus Reus: The Conduct Element of Crime 2.1 Introduction to actus reus 2.2 Defining the actus reus 2.3 Conduct and result crimes 2.4 Voluntary and positive conduct 2.5 State of affairs cases (‘situational liability’) 2.6 Omissions 2.7 Causation 2.8 Thin skull rule 2.9 Putting it all together 2.10 Further reading Summary Test Your Knowledge 3 Mens Rea: The Mental Element of Crime 3.1 Introduction to mens rea 3.2 Intention 3.3 Recklessness 3.4 Negligence 3.5 Other forms of mens rea 3.6 Strict liability 3.7 Correspondence of actus reus and mens rea 3.8 Coincidence of actus reus and mens rea 3.9 Transferred malice 3.10 Further reading Summary Test Your Knowledge 4 Principal and Secondary Offenders 4.1 Introduction to principal and secondary offenders 4.2 Elements of complicity 4.3 Joint enterprise 4.4 Assistance after the fact 4.5 Reform 4.6 Further reading Summary Test Your Knowledge 5 Inchoate Offences 5.1 Introduction to inchoate offences 5.2 Attempts 5.3 Conspiracy 5.4 Assistance or encouragement 5.5 Common law incitement 5.6 Bringing together inchoate offences 5.7 Substantive inchoate liability 5.8 Further reading Summary Test Your Knowledge 6 Vicarious and Corporate Liability 6.1 Introduction to vicarious and corporate liability 6.2 Vicarious liability 6.3 Corporate liability 6.4 Corporate offences 6.5 Further reading Summary Test Your Knowledge 7 Defences to Liability 7.1 Introduction to defences 7.2 Unfitness to plead 7.3 Infancy 7.4 Mistake 7.5 Intoxication 7.6 Insanity 7.7 Automatism 7.8 Consent 7.9 Private and public defence 7.10 Duress 7.11 Necessity 7.12 Further reading Summary Test Your Knowledge PART II OFFENCES AGAINST THE PERSON 8 Fatal Offences 8.1 Introduction to fatal offences 8.2 Murder 8.3 Manslaughter 8.4 Voluntary manslaughter 8.5 Involuntary manslaughter 8.6 Putting it all together 8.7 Reform 8.8 Further reading Summary Test Your Knowledge 9 Non-Fatal Offences 9.1 Introduction to non-fatal offences 9.2 Common assault 9.3 Defences to common assault 9.4 Assault occasioning actual bodily harm 9.5 Malicious wounding and inflicting grievous bodily harm 9.6 Wounding and causing grievous bodily harm with intent 9.7 Reform 9.8 Further reading Summary Test Your Knowledge 10 Sexual Offences 10.1 Introduction to sexual offences 10.2 Rape 10.3 Assault by penetration 10.4 Sexual assault 10.5 Causing a person to engage in sexual activity without consent 10.6 Putting together sexual offences 10.7 Reform 10.8 Further reading Summary Test Your Knowledge PART III OFFENCES AGAINST PROPERTY 11 Theft and Related Offences 11.1 Introduction to property offences 11.2 Theft 11.3 Robbery 11.4 Burglary and aggravated burglary 11.5 Going equipped 11.6 Reform 11.7 Further reading Summary Test Your Knowledge 12 Other Theft Act Offences 12.1 Introduction to other Theft Act offences 12.2 Abstracting electricity 12.3 Blackmail 12.4 Handling stolen goods 12.5 Making off without payment 12.6 Further reading Summary Test Your Knowledge 13 Fraud and Related Offences 13.1 Introduction to fraud and related offences 13.2 Fraud 13.3 Obtaining services dishonestly 13.4 Preparation offences 13.5 Reform of fraud and related offences 13.6 Further reading Summary Test Your Knowledge 14 Damage to Property 14.1 Introduction to damaging property 14.2 Criminal damage 14.3 Reform 14.4 Further reading Summary Test Your Knowledge

About the Author :
Mark Thomas is a non-practising barrister and Senior Lecturer in Law at Nottingham Trent University. Mark previously taught law at the University of Sheffield at both undergraduate and postgraduate level. Mark’s teaching is heavily focused on the law of crime, evidence and property law, and he has published numerous research and textbook publications in those areas.