Covers the implications for substantive criminal law of Human Rights Act 1998.
The second edition of the Criminal Law Sourcebook has been significantly expanded in order to provide law students with a comprehensive selection of key materials drawn from law reports,statutes, Law Commission Consultation Papers and Reports, and Home Office publications. The materials reflect the range of topics taught on the vast majority of undergraduate and CPE criminal law modules, and provide a platform from which the reader can embark upon a more critical evaluation of both theory and doctrine. Extensive extracts are included from a number of recent landmark rulings, including decisions by the House of Lords in B v DPP (defence of mistake), R v Smith (objective test for the defence of provocation), R v Hinks (whether the recipient of a gift can be a thief), and R v Powell and Daniels; R v English (scope of accessorial liability for murder), and the Court of Appeal's ruling in In Re A (conjoined twins). Recent statutory initiatives that have been incorporated include the Protection from Harassment Act 1997, the Criminal Justice (Terrorism and Conspiracy) Act 1998, and the Sexual Offences (Amendment) Act 2000.The impact of the Human Rights Act 1998, in so far as it relates to substantive criminal law, is also covered. Substantial extracts are provided from all relevant Law Commission and Home Office law reform publications. In addition to the draft Criminal Code Bill, materials have been selected dealing with reform of sexual offences, consent, conspiracy to defraud, deception offences, offences against the person, accessorial liability and involuntary manslaughter.
1. Introduction to Criminal Law; 2. Actus Reusof an Offence; 3. Causation; 4. Mens Rea: the Mental Element; 5. Strict Liability; 6. Mistake; 7. Sane and Insane Automatism; 8. Intoxication; 9. Accessorial Liability; 10. Inchoate Offences - Incitement; 11. Inchoate Offences - Conspiracy; 12. Inchoate Offences - Attempts; 13. Duress and Necessity; 14. Self-Defence; 15. Homicide; 16. Non-fatal Offences Against the Person; 17. Sexual Offences; 18. Theft; 19. Burglary and Going Equipped; 20. Robbery and Blackmail; 21. Offences Involving Deception; 22. Handling Stolen Goods; 23. Criminal Damage; 24. Offences Involving Weapons