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.

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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

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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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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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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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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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John Child and David Ormerod

194 and in even more extreme cases to justify assisted suicide or euthanasia. 195 Such cases, of course, were never likely to succeed. Although a case can be made for both on a balance

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in such cases, but it does not manifest itself in the form of voluntary conduct. Automatism is often regarded as a defence to crime rather than as a denial of an essential component

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John Child and David Ormerod

coincidence of deception and mens rea. In cases such as Ray , recognition of an implied continuing representation is essential to liability and, post-FA 2006, the potential for

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well as catching the negligent person, disposes of another difficult case. It deals satisfactorily with the case of D who does not stop to think about B’s age at all (simple ignorance)

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determination in murder cases. 47 Although arguments based on Art. 5 only have purchase at the stage where D is deprived of liberty, they are relevant in many cases and it would be best

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founded in constitutional principle, that mens rea is an essential ingredient of the offence. Only a compelling case for implying the exclusion of such an ingredient as a matter

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two offences can be committed by one and the same act. 70 In all cases of receiving, it continues to be essential for the judge to give a careful direction as to possession or control