This chapter focuses on one of the most popular of crime statistics—the crime rate—which provides an index of crime occurring in a particular jurisdiction for a specific time period. It discusses the nature of crime statistics; counting crime; recording incidents as criminal offences; reporting crime to the police; the frequency of crime victimization; and the rate of crime victimization.
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Chapter
3. What do crime statistics tell us?
Tim Hope
Chapter
8. Homicide
This chapter discusses homicide offences. It covers in detail murder, defences specific to murder (resulting in a verdict of so-called ‘voluntary’ manslaughter), and so-called ‘involuntary’ manslaughter. However, these traditional topics no longer cover the whole ground, as Parliament has created a number of new homicide offences in recent years. It concludes with a review of the structure of the law of homicide, considering the question whether it is satisfactory to retain the centuries-old current structure, with murder at the top, and then manslaughter of different kinds beneath that, together with a hotchpotch of specialized homicide offences with varying degrees of gravity. For example, would the law be improved by introducing a new category of ‘second degree’ murder?
Chapter
9. Inchoate offences
Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses inchoate offences. Inchoate offences are where the full offence is not completed. The reason why the law fixes liability on defendants who have not fulfilled the full offence is to punish those who are willing to be involved in criminality even where the full offence is not, for one reason or another, completed. The law governing all inchoate offences is in a state of flux; the common law offence of incitement was replaced with new offences under the Serious Crime Act 2007. The law governing conspiracy and attempts was the subject of a Law Commission Report in December 2009.
Chapter
2. Actus reus
Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter reviews the actus reus elements of criminal offence. The actus reus consists of prohibited conduct (acts or omissions), prohibited circumstances, and/or prohibited consequences (results). A person can be criminally liable for omissions at common law, but imposing this liability can be controversial. Causation is a key part of consequence/result crimes. The prosecution must prove that the result was caused by the defendant. In order to do this, the chain of causation must first be established, and then consideration must be given to any intervention which might break the chain.
Chapter
5. Non-fatal offences against the person
Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter examines the five principal non-fatal offences against the person: assault and battery (the common assaults) and the offences under ss 47, 20, and 18 Offences Against the Person Act 1861 (OAPA). The victim’s consent may negate the offence, but whether or not it does depends to a great extent on the type of crime, what the victim knows, the extent of the harm which is caused, and matters of public policy. Stalking and harassment may amount to a crime in certain circumstances. Four of the principal assaults are aggravated if the crime committed is motivated by religious or racial hatred.
Chapter
16. Violent, aggressive and sexual offences
This chapter shows that, although psychological explanations have been used to explain various types of criminal or deviant behaviour, it is violent and sexual offences that are most frequently subjected to analysis. Many crimes involve behaviour that was formerly considered perfectly acceptable, but which society has subsequently decided to criminalise. However, psychological theories are particularly suitable for explaining unusual behaviour that often appears aggressive and is likely to be deprecated in most countries. Some may indulge in a range of criminal offences that many people find easy to understand, if not condone: crimes against property—which make up the bulk of recorded criminal offences—being perhaps the best example of this. Despite the fact that violence was far more common in earlier centuries, many people nowadays find excessively violent and sexual crimes far more difficult to comprehend.
Chapter
13. Inchoate Offences
This chapter begins by explaining the concept of an inchoate or ‘incomplete’ offence. Such an offence may occur when D does all that he or she can do to commit the crime (such as shooting at the victim), but simply fails to bring about the outcome. Alternatively, such an offence may occur when D is still at the stage of preparation for committing the offence, but has come so close to committing it that it would be right to call the acts in question an ‘attempt’ in themselves. The chapter then discusses the justifications for penalizing attempts at crimes, the elements of criminal attempt, the justifications for an offence of conspiracy, the elements of criminal conspiracy, encouraging or assisting crime, voluntary renunciation of criminal purpose, the relationship between substantive and inchoate crimes, and the place of inchoate liability.
Chapter
11. Theft
Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the crime of theft. There are five elements in theft: appropriation; property; belonging to another; dishonesty; and intention permanently to deprive. The first three listed are the actus reus elements and the last two are the mens rea. The offence is under s 1 Theft Act 1968, but ss 2–6 give (some) guidance on each of the elements.
Chapter
12. Fraud
Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the crime of fraud. The offence of fraud is governed by the Fraud Act 2006. There is only one offence of fraud (s 1 Fraud Act 2006) with three ways of committing it, under ss 2–4. These are: by false representation, by failing to disclose information, and by abuse of position.
Chapter
10. Article 7: Freedom from Retroactive Criminal Offences and Punishment
David Harris, Michael O’boyle, Ed Bates, Carla M. Buckley, KreŠimir Kamber, ZoË Bryanston-Cross, Peter Cumper, and Heather Green
This chapter discusses Article 7 of the European Convention on Human Rights, which incorporates the principle of legality, by which, in the context of criminal law, a person should only be convicted and punished on a basis of law. Article 7 prohibits the retroactive application of criminal offences and of sentences imposed for them. The guarantee in Article 7 is an essential element of the rule of law, and has as its object and purpose the provision of effective safeguards against arbitrary conviction and punishment. An exception is allowed for offences that were contrary to general principles of law recognized by civilized nations.
Chapter
13. Fraud
Michael J. Allen and Ian Edwards
Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. This chapter examines the offence of fraud, covering offences under the Theft Acts and offences under the Fraud Act (FA) 2006. The FA 2006 repealed various sections of the TA 1968 and TA 1978, replacing a number of individual offences based on deception with the offence of fraud which may be committed in three ways: fraud by false representation, fraud by failing to disclose information, and fraud by abuse of position. It also creates the offence of dishonestly obtaining services to replace the offence of obtaining services by deception under s. 1 of the TA 1978. A Law in Context feature examines the difficulties in prosecuting cases of complex fraud and proposals to do away with juries in such cases.
Chapter
13. Fraud
Michael J. Allen and Ian Edwards
Course-focused and contextual, Criminal Law provides a succinct overview of the key areas on the law curriculum balanced with thought-provoking contextual discussion. This chapter examines the offence of fraud, covering offences under the Theft Acts and offences under the Fraud Act (FA) 2006. The FA 2006 repealed various sections of the TA 1968 and TA 1978, replacing a number of individual offences based on deception with the offence of fraud, which may be committed in three ways: fraud by false representation; fraud by failing to disclose information; and fraud by abuse of position. It also creates the offence of dishonestly obtaining services to replace the offence of obtaining services by deception under s. 1 of the TA 1978. These offences are designed to overcome problems in the old law and to simplify the law.
Chapter
5. Criminal Conduct: Actus Reus, Causation, and Permissions
This chapter focuses on the ‘general part’ of the criminal law—the rules and principles of the criminal law whose importance and application can be analysed and debated without necessarily referring to a specific crime. It first examines the limits of the notion of involuntary conduct. It then looks at various challenges to the ‘voluntary act’ requirement—where is the act if the law criminalizes the occurrence of a state of affairs, or mere possession? Next, it considers how the voluntary act requirement relates to crimes of omission. This is followed by discussions of causation and the circumstances in which conduct may be recognized as justifiable.
Chapter
10. Property Offences
This chapter discusses property offences. These include theft, taking a conveyance without consent, robbery, blackmail, burglary, handling stolen goods, and criminal damage. Among these, the offence receiving the most detailed treatment is theft. The current definition of theft dates back to 1968, long before the time when it became possible to hold and transfer money and other items (such as photographs) electronically, and the courts have sought to interpret the law in such a way that it can meet this challenge. But, in seeking to modernize the law’s approach to new forms of property holding and transfer, has the definition become too wide?
Chapter
12. Complicity
This chapter examines the issue of complicity. ‘Complicity’ arises when two or more people agree to commit an offence which is then committed by one or more of them, or when a person plays a supporting role in the commission of an offence. The discussions cover the distinction between principals (those who commit the crime itself) and accessories (those who assist or encourage its commission). The discussion involves addressing complex questions about the conduct element in complicity, the fault element in complicity, joint ventures, and accessorial liability for different results. Also covered are derivative liability, the ‘missing link’, and special defences to complicity. Finally, some elements of complicity bearing on offences of public order are discussed, to show their relevance to civil liberties.
Chapter
13. Other property offences
Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter examines six offences: criminal damage, robbery, burglary, handling stolen goods, making off without payment, and squatting. What the offences share is that they relate in some way to property. Although rarely examined on their own, these topics are often assessed as part of bigger questions, sometimes incorporating other offences (eg theft, assault) and sometimes involving aspects of the general defences too.
Chapter
6. Sexual offences
Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses sexual offences, including rape, assault by penetration, sexual assault, and causing sexual activity. Sexual offences are all governed by the Sexual Offences Act 2003. The meaning of consent is key because lack of consent is an element of the actus reus, and the belief about consent is an element of the mens rea. Where the victim is aged 13 or younger, consent is irrelevant and liability as to age is strict.
Chapter
7. Homicide I
Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses murder, arguably the most serious crime in English law. Murder is where D kills V, and D intends to kill or intends to cause grievous bodily harm (GBH). The most common criticism of the offence of murder is that the sentence is mandatory irrespective of whether the mens rea is the more serious form (intent to kill) or the less serious form (intent to cause GBH). There were three partial defences to murder under the Homicide Act 1957 (diminished responsibility, provocation, and suicide pact). There are three partial defences to murder under the Homicide Act 1957 as amended and the Coroners and Justice Act 2009: diminished responsibility, loss of self-control, and suicide pact. The chapter considers the first two in detail. These are partial defences because they result in a conviction for manslaughter rather than a full acquittal.
Chapter
9. Homicide
Michael J. Allen and Ian Edwards
Course-focused and comprehensive, the Textbook on series provides an accessible overview of the key areas on the law curriculum. This chapter discusses offences of homicide: murder and manslaughter. Murder is unlawful homicide committed with ‘malice aforethought’ for which the penalty is life imprisonment. Manslaughter may be divided into voluntary and involuntary. Voluntary manslaughter arises where the accused has committed murder but circumstances of excuse or justification, either diminished responsibility or loss of self-control, are present reducing their culpability. The chapter analyses the scope of these defences, situating them in the context of the abolition in 2009 of the provocation defence. Involuntary manslaughter is an unlawful killing where the accused lacked malice aforethought but otherwise had a state of mind which the law treats as culpable. Unlawful act manslaughter covers situations where a person has unlawfully killed as a result of committing a separate unlawful act, such as a punch. Gross negligence manslaughter covers situations where a person has unlawfully killed as a result of a gross breach of a duty of care owed to the victim. The Law in Context feature examines the sentencing for homicide offences in light of new guidelines from the Sentencing Council.
Chapter
9. Homicide
Michael J. Allen and Ian Edwards
Course-focused and contextual, Criminal Law provides a succinct overview of the key areas on the law curriculum balanced with thought-provoking contextual discussion. This chapter discusses offences of homicide: murder and manslaughter. Murder is unlawful homicide committed with ‘malice aforethought’, the penalty being life imprisonment. Manslaughter generally covers all unlawful homicides which are not murder. The punishment for this offence is in the discretion of the court. Manslaughter may be divided into voluntary and involuntary manslaughter. Voluntary manslaughter arises where the accused has committed murder but circumstances of excuse or justification, either diminished responsibility or loss of self-control, are present, reducing his culpability. The chapter analyses the scope of these defences, situating them in the context of the abolition in 2009 of the provocation defence. Involuntary manslaughter is an unlawful killing where the accused lacked malice aforethought but otherwise had a state of mind which the law treats as culpable. Unlawful act manslaughter covers situations where a person has unlawfully killed as a result of committing an unlawful act, such as a punch. Gross negligence manslaughter covers situations where a person has unlawfully killed as a result of a gross breach of a duty of care owed to the victim. One of the chapter’s ‘The law in context’ features examines the sentencing for homicide offences in light of new guidelines from the Sentencing Council. A new ‘The law in context’ feature analyses the relevance of domestic abuse for the defences available to a woman charged with murdering her abusive partner.
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