Book

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

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

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

John Child and David Ormerod

Point to remember … Although these cases allow for complicity by procuring even though P does not commit a principal offence, it is essential that P completes the actus reus of the

Chapter

John Child and David Ormerod

the same time, are essential to the application of the law. They are therefore essential considerations within all problem questions. However, although essential, it is relatively rare

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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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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

Chapter

John Child and David Ormerod

it is the aim of the defence to raise a ‘reasonable doubt’ within any essential element of the prosecution’s case. Where D wishes to raise a defence (eg D kicked V in self-defence)

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John Child and David Ormerod

these examples, lacks an essential element for all offences. • Insanity (as a denial of offending) : D explains her lack of mens rea (including, in extreme cases, her lack of voluntary

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John Child and David Ormerod

majority of cases it will be obvious whether D has acted or omitted to act, and it will be a case of assessing her liability on that basis. However, this will not always be the case. For example

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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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liability is that the accomplice must know the essential elements of the offence (including the principal’s mental element), but in these cases the accomplice usually knows that the would-be

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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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[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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forms an essential part of the context in which to make a just evaluation whether a qualifying trigger properly falls within the ambit of subsections 55(3) and (4)’. 114 The case for saying

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John Child and David Ormerod

supply and overdose case. As we discussed earlier, UAM cannot operate in these cases as V’s voluntary self-injection will break the chain of causation. In cases like Evans , by focussing

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John Child and David Ormerod

ambiguous cases such as so-called ‘mercy killings’ where D intentionally kills, often with V’s consent, in order to relieve V’s pain or suffering. The moral diversity of these cases is useful

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John Child and David Ormerod

majority of cases it will be obvious that D’s movement or omission to move was voluntary. This will be the case where D has considered her options before acting, as well as cases where D

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sentencing for this offence, 21% of cases involved an absolute discharge in 2014, 40% of cases were met with a suspended sentence, and nearly 40% of cases were deemed to merit a sentence

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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