Book

Cover Essential Cases: Criminal Law
Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. Essential Cases provides you with succinct summaries of some of the landmark and most influential cases in criminal law. Each summary begins with a review of the main case facts and decision. The summary is then concluded with expert commentary on the case from the author, Jonathan Herring, including his assessment of the wider questions raised by the decision.

Book

Cover Essential Cases: Criminal Law
Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. Essential Cases provides you with succinct summaries of some of the landmark and most influential cases in criminal law. Each summary begins with a review of the main case facts and decision. The summary is then concluded with expert commentary on the case from the author, Jonathan Herring, including his assessment of the wider questions raised by the decision.

Chapter

Cover Criminal Law Directions

16. Accessorial liability  

principal offence; and 2) that he knew the essential matters which constitute the principal offence. Knowledge of the essential matters of the offence means that the prosecution

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Cover Complete Criminal Law

7. Defences of compulsion  

necessity 357 7.2.3 7.2.3 Medical cases Medical cases 358 7.2.4 7.2.4 Non-medical cases: self-help and direct action Non-medical cases: self-help and direct action 364

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Cover Criminal Law Directions

4. Strict liability  

required in one form or another. Such cases are quite frequent. But in a very large number of cases there is no clear indication either way. In such cases there has for centuries been a

Chapter

Cover Criminal Law Directions

2. Actus reus  

judge dismissed the case after a defence submission of no case to answer and the Director of Public Prosecutions (DPP) appealed to the High Court by way of case stated. The High Court

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Cover Criminal Law Directions

14. Defences II: general defences  

specific provision for cases involving householders (see 14.2.5 Cases involving householders 14.2.5 ). Section 76(6) deals with cases other than householder cases. Statute Section

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Cover Complete Criminal Law

13. Secondary participation: parties to a crime  

It is quite apparent from these cases that there is no definitive test of foresight of the essential facts/circumstances of P’s case. It might be thought that this is too low

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Cover Complete Criminal Law

3. Mens rea: blameworthy states of mind  

application of the presumption in this case. The purpose of the section is, of course, to protect children. An age ingredient was therefore an essential ingredient of the offence. This factor

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Cover Complete Criminal Law

5. Involuntary and corporate manslaughter  

Another way of putting it is that mens rea being now an essential ingredient in manslaughter … this could not in the present case be established in relation to the first ground except

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Cover Complete Criminal Law

12. Inchoate offences  

[1986] AC 27, 38–39; but in that case Lord Bridge was dealing with a different situation from that which exists in the present case. There may be many cases in which undercover police officers

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Cover Criminal Law Directions

7. Non-fatal offences against the person  

left to develop on a case-by-case basis. Thinking Point To what extent do you agree with the Court of Appeal’s decision in Wilson to distinguish the case of Brown ? Both

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Cover Complete Criminal Law

6. Defences of incapacity and mental conditions  

offence with MR. This also applies to defences. In most cases, the prosecution will have the burden of proving the essential elements of the offence (AR and MR) but also that the defendant

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Cover Criminal Law Directions

5. Murder and voluntary manslaughter  

conduct and the killing negated the spontaneity which was essential for the old defence of provocation. This was recognised in the case law on provocation. In Duffy (1949), Lord Devlin stated

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Cover Criminal Law Directions

12. Drugs offences  

term. The leading case on the meaning of possession is the House of Lords’ decision in Warner v Metropolitan Police Commissioner [1969] 2 AC 256. This is a case which was decided

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Cover Complete Criminal Law

8. Non-fatal offences against the person  

[1994] 1 WLR 689. In my view the ruling in that case was based on principled and cogent reasoning and it marked a sound and essential clarification of the law. I would hold that ‘bodily

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Cover Complete Criminal Law

2. Actus reus: the conduct element  

requirement that it [murder] should be a voluntary act is essential, not only in a murder case, but also in every criminal case. No act is punishable if it is done involuntarily: and an

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Cover Complete Criminal Law

1. Introduction to the criminal justice system  

community. If the case is prosecuted in court, then the CPS will be responsible for conducting the prosecution. Its decisions throughout the course of the case, from referral by the

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Cover Complete Criminal Law

10. Property offences 1: theft, robbery, burglary, and handling  

on dishonesty following the Feely case. For many years, the standard direction on dishonesty was set out in the case of R v Ghosh. The case created guidelines for juries in situations

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Cover Complete Criminal Law

9. Sexual offences  

informed by cases involving male perpetrators and female victims. This is not to underestimate the prevalence or trauma of sexual offences against males. Key Cases Rape