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Chapter

Cover Essential Cases: Criminal Law

R v Miller [1983] 2 AC 161, 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 Miller [1983] 2 AC 161, House of Lords. The document also included supporting commentary from author Jonathan Herring.

Chapter

Cover Essential Cases: Criminal Law

R v Miller [1983] 2 AC 161, 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 Miller [1983] 2 AC 161, House of Lords. The document also included supporting commentary from author Jonathan Herring.

Chapter

Cover Tort Law

4. The Duty of Care: Introduction and Development  

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This Chapter introduces the notion of the ‘duty of care’ in negligence, and tracks its emergence and development through a series of important cases, including analysis of the Supreme Court’s most recent analysis of the duty of care. It explores the issues relating to liability, principle and policy, incremental development and the Caparo test, and incrementalism and established principle. The chapter concludes with consideration of the special case of omissions and positive duties to act.

Chapter

Cover Steiner and Woods EU Law

13. Union Liability in Tort: Action for Damages  

This chapter examines the action for damages related to European Union (EU) liability in tort. It discusses the scope and the elements of non-contractual liability and liability for wrongful acts or omissions under Article 340(2) of the Treaty on the Functioning of the European Union (TFEU). The chapter also explains the relationship of Article 340 TFEU with Articles 263 and 265 TFEU. It considers the restrictive rules in relation to assessment of damages and causation. The chapter highlights the need for European Courts to balance the conflicting interests of permitting flexibility in decision-making and protecting individuals who may suffer as a result of such action.

Chapter

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

4. Omissions  

This chapter considers the question of whether, and if so, how, the criminal law should impose liability for omissions. It discusses the courts’ approach to the imposition of liability for omissions and presents cases to demonstrate the difficulty of distinguishing between acts and omissions. It also addresses the link between omissions and causation.

Chapter

Cover Essential Cases: Tort Law

Iqbal v Prison Officers Association [2010] QB 732  

Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Iqbal v Prison Officers Association [2010] QB 732. The document also included supporting commentary from author Craig Purshouse.

Chapter

Cover Essential Cases: Tort Law

Poole Borough Council v GN [2019] UKSC 25  

Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Poole Borough Council v GN [2019] UKSC 25. The document also included supporting commentary from author Craig Purshouse.

Chapter

Cover Essential Cases: Criminal Law

R v Evans (Gemma) [2009] EWCA Crim 650, 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 Evans (Gemma) [2009] EWCA Crim 650, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.

Chapter

Cover Essential Cases: Criminal Law

R v Stone and Dobinson [1977] 1 QB 354, 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 Stone and Dobinson [1977] 1 QB 354, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.

Chapter

Cover Essential Cases: Criminal Law

R v Broughton [2020] EWCA Crim 1093, 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 Broughton [2020] EWCA Crim 1093, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.

Chapter

Cover Essential Cases: Criminal Law

R v Evans (Gemma) [2009] EWCA Crim 650, 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 Evans (Gemma) [2009] EWCA Crim 650, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.

Chapter

Cover Essential Cases: Criminal Law

R v Stone and Dobinson [1977] 1 QB 354, 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 Stone and Dobinson [1977] 1 QB 354, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.

Chapter

Cover Essential Cases: Criminal Law

R v Broughton [2020] EWCA Crim 1093, 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 Broughton [2020] EWCA Crim 1093, Court of Appeal. The document also included supporting commentary from author Jonathan Herring.

Chapter

Cover Cassese's International Criminal Law

10. Omission liability and superior responsibility  

Antonio Cassese, Paola Gaeta, Laurel Baig, Mary Fan, Christopher Gosnell, and Alex Whiting

This chapter discusses the notions of omission liability and superior responsibility. International criminal liability may arise not only as a result of a positive act but also from an omission; that is, the failure to take the required action. Omission is only criminalized when the law imposes a clear obligation to act and the person fails to do what is legally required. The post-Second World War tribunals recognized that both action and omission to act in accordance with a legal duty could fulfil the physical element (actus reus) of a crime. Additionally, the doctrine of superior responsibility (also referred to as command responsibility, since it originally developed in a military context) emerged in its modern form as a discrete and important type of omission liability in the post-war case law. Pursuant to this doctrine, a superior who omits to prevent or punish his subordinate’s criminal acts may be held criminally responsible.

Chapter

Cover Steiner & Woods EU Law

13. Union liability in tort: action for damages  

This chapter examines the action for damages related to European Union (EU) liability in tort. It discusses the scope and the elements of non-contractual liability and liability for wrongful acts or omissions under Article 340(2) of the Treaty on the Functioning of the European Union (TFEU). The chapter also explains the relationship of Article 340 TFEU with Articles 263 and 265 TFEU. It considers the restrictive rules in relation to assessment of damages and causation. The chapter highlights the need for European Courts to balance the conflicting interests of permitting flexibility in decision-making and protecting individuals who may suffer as a result of such action.

Chapter

Cover Essential Cases: Tort Law

Iqbal v Prison Officers Association [2010] QB 732  

Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Iqbal v Prison Officers Association [2010] QB 732. The document also included supporting commentary from author Craig Purshouse.

Chapter

Cover Essential Cases: Tort Law

Mitchell and another v Glasgow City Council [2009] UKHL 11  

Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Mitchell and another v Glasgow City Council [2009] UKHL 11. The document also included supporting commentary from author Craig Purshouse.

Chapter

Cover Smith, Hogan, and Ormerod's Criminal Law

2. The elements of a crime: actus reus  

David Ormerod and Karl Laird

The chapter begins the exploration of the elements of criminal offences. Two factors are crucial: the event, behaviour or state of affairs known as the external element or actus reus, and the state of mind known as the mental element or mens rea. This chapter discusses the principle of actus reus, proof and the elements of the offence, how to identify elements of actus reus and mens rea, coincidence of actus reus and mens rea, the effect of penalty provisions in determining the elements of the actus reus, actus reus and justification or excuse, the problematic case of Dadson with regard to actus reus, physical involuntariness, a ‘state of affairs’ as an actus reus, general liability for omissions, offences of mere omission, causation, the ‘but for’ principle, the connection between fault and result and negligible causes.

Chapter

Cover Smith, Hogan, and Ormerod's Criminal Law

26. Handling and related offences  

David Ormerod and Karl Laird

This chapter deals with handling of stolen goods and related offences. Under s 22 of the Theft Act 1968, a person who dishonestly receives goods, or dishonestly undertakes or assists in their retention, removal, disposal or realization by or for the benefit of another person, or if he arranges to do so knowing or believing that they are stolen goods, is guilty of the offence of handling stolen goods. English law treats this offence as an independent crime rather than one of being an ‘accessory after the fact’ to theft. The chapter considers the actus reus and mens rea of handling stolen goods, when goods cease to be stolen, handling by omission, the ‘doctrine’ of recent possession, dishonest retention of a wrongful credit, advertising for the return of stolen goods and money laundering.

Chapter

Cover Criminal Law

2. Actus Reus: The Conduct Element  

The actus reus is a central aspect of criminal law that defines the harm done to the victim and the wrong performed by the defendant. In many cases this involves proof that the defendant caused a particular result. A defendant will be held to have caused a result if but for their actions the result would not have occurred and there has been no intervening act of a third party. This chapter begins by distinguishing the component elements of a crime. It then discusses the voluntary act ‘requirement’; causation; classification of offences; the need for a voluntary act; omissions; and seeking a coherent approach to causation.