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Chapter

Cover Essential Cases: Criminal Law

R v Pace and Rogers [2014] EWCA Crim 186, Court of Appeal  

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 Pace and Rogers [2014] EWCA Crim 186, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.

Chapter

Cover Essential Cases: Criminal Law

R v Pace and Rogers [2014] EWCA Crim 186, Court of Appeal  

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 Pace and Rogers [2014] EWCA Crim 186, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.

Chapter

Cover Smith, Hogan, & Ormerod's Text, Cases, & Materials on Criminal Law

17. Offences of damage to property  

This chapter examines the offences of damage to property, which are governed by the Criminal Damage Act 1971. It considers the ability to define damage; the relationship between the elements of the offence, particularly D’s mens rea as to circumstance elements; and the arguments for endangerment offences.

Chapter

Cover Smith, Hogan, and Ormerod's Criminal Law

33. Money laundering (additional chapter)  

David Ormerod and Karl Laird

This chapter discusses the offences in the Proceeds of Crime Act 2002 which criminalize dealing with the proceeds of crime. These are extremely broad offences with many features which could be characterized as being draconian as successive governments have sought to combat serious crime by targeting not just the offenders (who may commit a money laundering offence in relation to their own criminal conduct), but all those who assist in the disposal of criminal proceeds. These offences have generated a huge volume of case law, much of which has reached the House of Lords and the Supreme Court. This chapter analyses how these offences relate to handling stolen goods.

Chapter

Cover Smith, Hogan and Ormerod's Essentials of Criminal Law

9. Theft and other property offences  

David Ormerod and John Child

This chapter deals with offences against property, a category of offences that criminalise conduct such as the dishonest taking of another’s property (e.g. theft, robbery), possessing stolen or criminal property (e.g. handling stolen goods, money laundering), and damaging another’s property (e.g. criminal damage, arson). Beyond such crimes, there are also a number of specific technical offences designed to protect particular property rights, such as those relating to vehicle misuse and intellectual and/or digital property. The final sections of the chapter outline potential options for legal reform and the application of property offences within problem questions. Relevant cases are highlighted throughout the chapter, with brief summaries of the main facts and judgments.

Chapter

Cover Smith, Hogan, and Ormerod's Essentials of Criminal Law

9. Theft and other property offences  

This chapter deals with offences against property, a category of offences that criminalise conduct such as the dishonest taking of another’s property (eg theft, robbery), possessing stolen or criminal property (eg handling stolen goods, money laundering), and damaging another’s property (eg criminal damage, arson). Beyond such crimes, there are also a number of specific technical offences designed to protect particular property rights, such as those relating to vehicle misuse and intellectual and/or digital property. The final sections of the chapter outline potential options for legal reform and the application of property offences within problem questions. Relevant cases are highlighted throughout the chapter, with brief summaries of the main facts and judgments.

Chapter

Cover Criminal Law

11. Criminal Damage  

This chapter discusses the law and theory on criminal damage. Criminal damage involves the defendant intentionally or recklessly destroying or damaging property belonging to another. The defendant will have a defence if they were acting with a lawful excuse. There is an offence of aggravated criminal damage, where damage was done with the defendant being reckless about whether people’s lives would be endangered as a result. Four criminal damage offences are found in the Criminal Damage Act 1971: basic criminal damage, arson, aggravated criminal damage, and aggravated arson. There is also an offence of racially aggravated criminal damage. The chapter also considers the Computer Misuse Act 1990, which was designed to protect information kept on computers.

Chapter

Cover Criminal Law Concentrate

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

Cover Smith, Hogan, and Ormerod's Criminal Law

27. Offences of damage to property  

David Ormerod and Karl Laird

The principal offences of damage to property are governed by the Criminal Damage Act 1971. Under s 1(1), a person commits an offence if he, without lawful excuse, destroys or damages any property belonging to another with the intention to destroy or damage such property or being reckless as to whether the property will be destroyed or damaged. This chapter deals with offences of damage to property and their mens rea, along with destroying or damaging property with intent to endanger life, arson, racially or religiously aggravated criminal damage, threats to destroy or damage property, possession offences, kindred offences and mode of trial and sentence for those guilty of offences of damage to property.

Chapter

Cover Evidence

Introductory remarks on the law of evidence  

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This introductory chapter discusses the origins of a ‘law of evidence’ and the properties of the law of evidence. The law of evidence is rapidly evolving and, particularly in criminal cases, the Criminal Procedure Rules have transformed the environment within which they operate. Since it determines the critical issue of which particular items of proof parties are permitted to produce before a court in support of their contentions, it would be hard to exaggerate the subject’s importance and relevance.

Chapter

Cover Criminal Law

15. Criminal damage  

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. The Criminal Damage Act 1971 includes the main offences in English law involving damage to property. This chapter discusses the offence of destroying or damaging property belonging to another, destroying or damaging property with intent to endanger life, threats to destroy or damage property, possessing anything with intent to destroy or damage property, and racially or religiously aggravated criminal damage. The feature ‘The law in context’ examines the prosecution of environmental protesters for criminal damage, including their use of the lawful excuse defence.

Chapter

Cover Smith, Hogan, & Ormerod's Text, Cases, & Materials on Criminal Law

12. Theft  

This chapter examines the law governing theft. It considers the extent to which the criminal law of theft conflicts with civil law concepts of property; whether it is possible to steal property that belongs to oneself; the types of property that may be stolen; and the extent to which it is possible to provide a definition of ‘dishonesty’. The test for dishonesty has been fundamentally altered by the Supreme Court and the Court of Appeal, developments which are analysed in this chapter.

Chapter

Cover European Intellectual Property Law

25. Remedies  

Justine Pila and Paul L.C. Torremans

This chapter deals with the enforcement of IP rights. Such enforcement takes place in search of redress and that redress is obtained in the form of remedies. The discussion focuses on remedies at a national level, i.e. the content of the applicable law determined by the court with competent jurisdiction, be it at a procedural or substantive level. It first looks at civil remedies. Civil proceedings brought by private parties are the norm in the enforcement of private rights, and thus take the lion's share of the enforcement and remedies effort in relation to IP rights, since the latter are very clearly private rights. The chapter then turns to criminal remedies. While criminal proceedings do not play an important role in the area of IP, some offences do exist and these types of proceedings are specifically concerned with cases of infringement that are seen as particularly serious from a public policy point of view. Examples include actions against copyright or trade mark pirates.

Chapter

Cover Complete Criminal Law

11. Property offences 2: fraud and other property offences  

This chapter examines property offences focusing on fraud, making off without payment, blackmail, and criminal damage. It explains the key provisions of the Fraud Act 2006 for different types of fraud, including fraud by false representation, fraud by failing to disclose information, fraud by abuse of position, and obtaining services dishonestly. It clarifies the difference between fraud and the previous offences of deception. The chapter then discusses burglary, aggravated burglary, criminal damage, and blackmail and identifies the types of legal defence that can be successfully employed for these offences. It also considers racially and religiously aggravated criminal damage, criminal damage endangering life, and arson.

Chapter

Cover Public Law Concentrate

15. Police powers, public order, and terrorism  

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 law on police powers. These include the role of the police, the organization of the police in England and Wales, police areas, the powers and functions of Police and Crime Commissioners, the Mayor’s Office for Policing and crime in London, the Police and Criminal Evidence Act 1984 and its Codes of Practice, which contain rules concerning police powers of stop, search, entry, seizure of property, arrest, detention, and treatment of suspects; the meanings of reasonable suspicion and public place, and information which must be given on arrest.

Book

Cover Criminal Law Directions
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. Criminal Law Directions is written with an emphasis on explaining the key topics of Criminal Law courses with clarity. The book starts by offering an introduction to criminal law. It also looks at the issues of actus reus and mens rea. It goes on to consider topics such as strict liability; murder and voluntary manslaughter; involuntary manslaughter; non-fatal offences against the person; and sexual offences. It moves on to look at theft and other offences against property, including robbery, burglary, blackmail, handling, and criminal damage. Fraud and drugs offences are then examined and general and specific defences are explored. Finally the book considers inchoate offences and accessorial liability.

Chapter

Cover Intellectual Property Law

49. Civil and Criminal Remedies  

L. Bently, B. Sherman, D. Gangjee, and P. Johnson

This chapter deals with civil and criminal remedies that are available where intellectual property rights are violated. It first considers the civil relief that is available before a trial takes place, namely, interim injunctions and prevention of imports. It then outlines the civil remedies that are available at full trial: final injunction, delivery up or destruction, the awarding of damages, the account of profits, and publicity orders. Finally, the chapter examines the various criminal remedies that intellectual property right holders may avail.