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Chapter

Cover Essential Cases: Criminal Law

R v Hasan [2005] UKHL 22, House of Lords  

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Hasan [2005] UKHL 22, House of Lords. The document also included supporting commentary from author Jonathan Herring.

Chapter

Cover Essential Cases: Criminal Law

R v Hasan [2005] UKHL 22, House of Lords  

Essential Cases: Criminal Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Hasan [2005] UKHL 22, House of Lords. The document also included supporting commentary from author Jonathan Herring.

Chapter

Cover Tort Law Concentrate

17. Remedies and principles of compensation  

This chapter discusses the main remedies for torts: damages and injunctions. In tort, damages are primarily compensatory and are intended to restore to the claimant what he has lost. Damages may be punitive or aggravated. They may be awarded in a lump sum, or in periodic or provisional form, and may be subject to deductions. An injunction is an order of the court requiring the defendant either to do something (mandatory injunction) or to cease doing something (prohibitory injunction). Interim injunctions anticipate trial of the full issue. Upon death, a remedy may be obtainable on behalf of the deceased or his dependants.

Chapter

Cover Smith, Hogan, and Ormerod's Criminal Law

16. Non-fatal offences against the person  

David Ormerod and Karl Laird

This chapter focuses on non-fatal offences against the person, including assault and battery, wounding and inflicting grievous bodily harm, poisoning offences, kidnapping, harassment and possession and use of offensive weapons. The chapter also discusses defences to assault and battery including consent and lawful chastisement, in addition to the Law Commission’s Report on reforming offences against the person. The discussion includes a detailed analysis of the relevant statutory offences including the Offences Against the Person Act 1861 and the Protection from Harassment Act 1997. It also considers coercive control as well as racially or religiously aggravated versions of the relevant offences.

Chapter

Cover International Law

10. State responsibility  

This chapter illustrates the concept of responsibility in international law. Within international law, the term ‘responsibility’ has long been understood to denote how fault or blame is attributable to a legal actor for the breach of an international legal obligation. State responsibility remains the archetypal and thus most developed form of international responsibility. Nevertheless, other international actors apart from States may also bear rights and obligations under international law. The result of such capacity is the potential to bear responsibility for a breach of an international legal obligation. International law also provides for what are termed ‘circumstances precluding wrongfulness’, through which an act which would normally be internationally wrongful is not deemed as such. In such situations, international responsibility is not engaged. These are akin to defences or excuses in municipal legal orders.

Chapter

Cover Cassese's International Law

12. International State Responsibility for Wrongful Acts  

Paola Gaeta, Jorge E. Viñuales, and Salvatore Zappalà

The chapter begins by discussing the history of the codification of the law of State responsibility. It then considers the current regulation of State responsibility, by distinguishing the ‘ordinary’ legal regime and the ‘aggravated’ State responsibility, and goes on to explore the main differences between the two regimes. It focuses on the elements of the internationally wrongful act, particularly on the attribution of conduct to a State and the relevance of fault and damage. In addition, it examines the circumstances which preclude wrongfulness and the consequences of the internationally wrongful act (with particular reference to the obligation to provide reparation).

Chapter

Cover Criminal Law Directions

10. Other offences against property  

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams, and exercises help readers to engage fully with each subject and check their understanding as they progress. This chapter explores other offences against property such as robbery, burglary, aggravated burglary, blackmail, handling stolen goods, and criminal damage. The first four of these offences are found in the Theft Act 1968 and criminal damage is found in the Criminal Damage Act 1971. While these offences primarily seek to protect property or economic interests, some also provide protection to the well-being of the individual.

Chapter

Cover Smith, Hogan, and Ormerod's Criminal Law

20. Offences of temporary deprivation  

David Ormerod and Karl Laird

Theft involves an intention to deprive another permanently of their property. The criminal law has also devised offences involving temporary deprivation of property including the taking of vehicles and the taking of vessels, both of which are currently dealt with in s 12 of the Theft Act 1968. The Theft Act 1968 also includes another offence of temporary deprivation: removal of articles from places open to the public. In this case, the article must be removed from the building or from its grounds before the actus reus and mens rea of the offence can be completed. In other words, removal from the building to the grounds or vice versa will suffice.

Chapter

Cover Smith, Hogan, and Ormerod's Criminal Law

25. Burglary and related offences  

David Ormerod and Karl Laird

Burglary is an offence under the Theft Act 1968. The offence is not confined to ‘breaking and entering’ in order to steal, but involves entering any building or part of a building as a trespasser and with intent to steal anything in the building or inflict or attempt to inflict on any person therein any grievous bodily harm. A separate form of burglary is found in s 9(1)(b) of the Theft Act 1968 where a person has entered as a trespasser and thereafter attempted to steal, actually stole something, inflicted grievous bodily harm or attempted to inflict grievous bodily harm. This chapter looks at burglary and related offences and also discusses aggravated burglary and the articles of aggravation, as well as trespass with intent to commit a sexual offence.

Chapter

Cover Criminal Law

6. Non-Fatal Non-Sexual Offences Against the Person  

This chapter discusses a wide range of offences against the person: from an unwanted touching on an arm to a life-threatening attack. Key to the law is the right to bodily integrity: a person should not be touched against their wishes. This right is protected under the common law and Article 8 of the European Convention on Human Rights. Topics covered include assault and battery; assault occasioning actual bodily harm; malicious wounding; wounding with intent; poisoning; racially and religiously aggravated crimes; the Protection from Harassment Act 1997; threats offences; strangulation and coercive control; transmitting disease; consent and assault; the true nature and extent of violent crime; the nature of an assault; objections to and reform of the Offences Against the Person Act 1861; and emotional and relational harm.