Criminal Law

Jacqueline Martin

• Publisher: Taylor & Francis
• Year: 2014
• eBook ISBN: 9781317976455
• Edition: 1
• Topic: Law
• Subtopic: Criminal Law
• Index: Law

Key Facts Key Cases: Criminal Law will ensure you grasp the main concepts of your Criminal Law module with ease. This book explains the facts and associated case law for:

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• the important concepts of actus reus, mens rea and strict liability

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• the main fatal and non-fatal offences against the person

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• a wide range of property offences

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• general defences

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• the topics of participation and inchoate offences

Key Facts Key Cases is the essential series for anyone studying law at LLB, postgraduate and conversion courses. The series provides the simplest and most effective way to absorb and retain all of the material essential for passing your exams. Each chapter includes:

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• diagrams at the start of chapters to summarise key points

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• structured headings and numbered points to allow for clear recall of the essential points

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• charts and tables to break down more complex information

Chapters are also supported by a Key Cases section which provides the simplest and most effective way to absorb and memorise essential cases needed for exam success.

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• Essential and leading cases are explained

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• The style, layout and explanations are user friendly

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• Cases are broken down into key components by use of a clear system of symbols for quick and easy visual recognition

1	Introduction to criminal law

1.1 The purpose of criminal law

The main purposes are to:

1 Protect individuals and their property from harm.

2 Preserve order in society.

3 Punish those who deserve punishment. (N.B. There are also other aims when sentencing offenders, including incapacitation, deterrence, reformation and reparation.)

1.1.1 Should the law enforce moral values?

This area is controversial. It is argued that it is not the function of criminal law to interfere in the private lives of citizens unless it is necessary to try to impose certain standards of behaviour. The Wolfenden Committee (1957) felt that intervention in private lives should only be:

• to preserve public order and decency;

• to protect the citizen from what is offensive or injurious; and

• to provide sufficient safeguards against exploitation and corruption of others, particularly those who are especially vulnerable

Lord Devlin in the Enforcement of Morals (1965) disagreed. He felt that ‘there are acts so gross and outrageous that they must be prevented at any cost’.

1.1.2 Conflicting cases

The courts are not always consistent in their approach to this area of law. Brown (1993): The House of Lords upheld convictions for assault causing actual bodily harm (s 47 Offences against the Person Act 1861) and malicious wounding (s 20 Offences against the Person Act 1861) for acts done in private by a group of consenting adult sado-masochists. Wilson (1996): The Court of Appeal quashed a conviction for assault causing actual bodily harm (s 47 Offences against the Person Act 1861) where a husband had branded his initials on his wife’s buttocks, at her request.

1.2 Defining a crime

1 A crime is conduct forbidden by the State and to which a punishment has been attached because the conduct is regarded by the State as being criminal.

2 The statement above is the only definition which covers all crimes.

3 What conduct is criminal will, therefore, vary from country to country and from one time to another. The law is likely to change when there is a change in the values of government and society.

1.2.1 Example of the changing nature of criminal law

• The Criminal Law Amendment Act 1885 criminalised consensual homosexual acts between adults in private.

• The Sexual Offences Act 1967 decriminalised such behaviour between those aged 21 and over.

• The Criminal Justice and Public Order Act 1994 decriminalised such behaviour for those aged 18 and over.

• In 2000, the government reduced the age of consent for homosexual acts to 16, though the Parliament Acts had to be used as the House of Lords voted against the change in the law.

1.2.2 Judicial law-making

1 Some conduct is criminalised not by the State but by judges.

2 This happened in Shaw v DPP (1962) where the offence of conspiracy to corrupt public morals was created. The creation of the offence was confirmed in Knuller (Publishing, Printing and Promotions) Ltd v DPP (1973).

3 Another example is the offence of outraging public decency which has never been enacted by Parliament. It is an invention of the judges, yet people can be convicted of it (Gibson (1991)).

4 Marital rape has also been criminalised by the decisions of judges (R v R (1991)).

5 See also the cases of Brown (1993) and Wilson (1996) in 1.1.2.

1.3 Classification of offences

There are many ways of classifying offences depending on the purpose of the classification.

1.3.1 Classification by where a case will be tried

One of the most important ways of classifying offences is by the categories that affect where and how a case will be tried. For this purpose offences are classified as:

1 Indictable only offences, which must be tried on indictment at the Crown Court (e.g. murder, manslaughter, rape).

2 Triable either way offences which can be tried either on indictment at the Crown Court or summarily at the magistrates’ court (e.g. theft, burglary, assault occasioning actual bodily harm).

3 Summary offences which can only be tried at the magistrates’ court (e.g. assaulting a policeman in the execution of his duty, common assault).

1.3.2 Categories for police powers of detention

1 Police powers to detain a suspect who has been arrested depend o...

Table of contents

• Cover
• Half Title
• Title Page
• Copyright Page
• Table of Contents
• PREFACE
• TABLE OF CASES
• Chapter 1 INTRODUCTION TO CRIMINAL LAW
• Chapter 2 ACTUS REUS
• Chapter 3 MENS REA
• Chapter 4 STRICT LIABILITY
• Chapter 5 PARTICIPATION
• Chapter 6 INCHOATE OFFENCES
• Chapter 7 CAPACITY
• Chapter 8 GENERAL DEFENCES
• Chapter 9 MENTAL CAPACITY DEFENCES
• Chapter 10 HOMICIDE
• Chapter 11 NON-FATAL OFFENCES AGAINST THE PERSON
• Chapter 12 SEXUAL OFFENCES
• Chapter 13 THEFT
• Chapter 14 OTHER OFFENCES UNDER THE THEFT ACTS
• Chapter 15 FRAUD ACT 2006
• Chapter 16 CRIMINAL DAMAGE
• Chapter 17 PUBLIC ORDER OFFENCES
• INDEX