8. Defences of incapacity and mental conditions

2018 ◽  
Author(s):  
Janet Loveless ◽  
Mischa Allen ◽  
Caroline Derry
Keyword(s):  
Mental Illness ◽  
Great Britain ◽  
Criminal Responsibility ◽  
Mental Condition ◽  
Mens Rea ◽  
Court Decisions ◽  
Diminished Responsibility

This chapter examines the use of incapacity and mental condition defences for criminal offences in Great Britain. It discusses the general principles of the excusatory defence of insanity and automatism as distinct from diminished responsibility and explores the notion that insanity is out of date and unrelated to contemporary classifications of mental illness. The chapter explains that intoxication is often not considered a valid defence although it may negate mens rea and provide partial defence to crimes of specific intent. It explains and clarifies the Majewski rule and how it works. The chapter evaluates arguments for and against the age of criminal responsibility and analyses court decisions in relevant cases.

8. Defences of incapacity and mental conditions

2020 ◽  
pp. 324-379
Author(s):  
Janet Loveless ◽  
Mischa Allen ◽  
Caroline Derry
Keyword(s):  
Mental Illness ◽  
Great Britain ◽  
Criminal Responsibility ◽  
Mental Condition ◽  
Mens Rea ◽  
Court Decisions ◽  
Diminished Responsibility

This chapter examines the use of incapacity and mental condition defences for criminal offences in Great Britain. It discusses the general principles of the excusatory defence of insanity and automatism as distinct from diminished responsibility and explores the notion that insanity is out of date and unrelated to contemporary classifications of mental illness. It considers whether insanity can be pleaded for all crimes. The chapter explains that intoxication is often not considered a valid defence although it may negate mens rea and provide partial defence to crimes of specific intent. It explains and clarifies the Majewski rule and how it works. It also considers intoxicated mistake. The chapter evaluates arguments for and against the age of criminal responsibility and analyses court decisions in relevant cases.

7. Homicide 2: voluntary and involuntary manslaughter

2018 ◽  
Author(s):  
Janet Loveless ◽  
Mischa Allen ◽  
Caroline Derry
Keyword(s):  
Great Britain ◽  
Criminal Law ◽  
Mens Rea ◽  
Court Decisions ◽  
Loss Of Control ◽  
Actus Reus ◽  
Partial Defences ◽  
Diminished Responsibility

This chapter examines the provisions of criminal law for voluntary and involuntary manslaughter in Great Britain, explaining that voluntary manslaughter refers to intentional killings while involuntary manslaughter may be caused by recklessness, gross negligence, or dangerous and unlawful acts. Voluntary manslaughter must have the actus reus and mens rea for murder but must also have a partial defence. This chapter discusses the concept of partial defences of loss of control and diminished responsibility aswell as that of suicide pact under the Homicide Act 1957. The chapter also considers other homicide-related offences such as infanticide and causing death by dangerous, careless, or inconsiderate driving, and analyses court decisions in several relevant cases.

7. Homicide 2: voluntary and involuntary manslaughter

2020 ◽  
pp. 248-323
Author(s):  
Janet Loveless ◽  
Mischa Allen ◽  
Caroline Derry
Keyword(s):  
Great Britain ◽  
Criminal Law ◽  
Mens Rea ◽  
Court Decisions ◽  
Loss Of Control ◽  
Actus Reus ◽  
Partial Defences ◽  
Diminished Responsibility

This chapter examines the provisions of criminal law for voluntary and involuntary manslaughter in Great Britain, explaining that voluntary manslaughter refers to intentional killings while involuntary manslaughter may be caused by recklessness, gross negligence, or dangerous and unlawful acts. Voluntary manslaughter must have the actus reus and mens rea for murder but must also have a partial defence. This chapter discusses the concept of partial defences of loss of control and diminished responsibility as well as that of suicide pact under the Homicide Act 1957. The chapter also considers other homicide-related offences such as infanticide and causing death by dangerous, careless, or inconsiderate driving, and analyses court decisions in several relevant cases.

13. Property offences 2: fraud and making off without payment

2020 ◽  
pp. 625-644
Author(s):  
Janet Loveless ◽  
Mischa Allen ◽  
Caroline Derry
Keyword(s):  
Great Britain ◽  
Mens Rea ◽  
Court Decisions ◽  
Different Types ◽  
Actus Reus ◽  
Property Offences

This chapter examines property offences in Great Britain, focusing on fraud and making off without payment. It explains the key provisions of the Fraud Act 2006 for different types of fraud, which include fraud by false representation, fraud by failing to disclose information, fraud by abuse of position, and obtaining services dishonestly. It clarifies the distinction between fraud and the previous offences of deception. In particular, the fact that there is no longer a requirement for causation is discussed. The chapter discusses the actus reus and mens rea elements of the offences of fraud, and provides several examples of relevant cases, and analyses court decisions in each of them, including changes to judicial directions on dishonesty.

6. Homicide 1: murder

2020 ◽  
pp. 227-247
Author(s):  
Janet Loveless ◽  
Mischa Allen ◽  
Caroline Derry
Keyword(s):  
Great Britain ◽  
Criminal Justice ◽  
Mens Rea ◽  
Court Decisions ◽  
Life Sentence ◽  
Actus Reus ◽  
Homicide Law ◽  
Mandatory Sentence

This chapter, which examines homicide law in Great Britain, focusing on murder, explains that the term homicide includes the offences of murder and manslaughter and can also be used to refer to other forms of statutory offences of killing. It clarifies that murder refers to intentional killings while manslaughter concerns unintentional killings, and discusses actus reus and mens rea elements of murder. The chapter discusses the sentence for murder under the Criminal Justice Act 2003 and comments on the justification for mandatory life sentence. It also reviews the most recent proposals for reform of murder and the mandatory sentence, and analyses court decisions in relevant cases.

14. Property offences 3

2018 ◽  
Author(s):  
Janet Loveless ◽  
Mischa Allen ◽  
Caroline Derry
Keyword(s):  
Great Britain ◽  
Mens Rea ◽  
Court Decisions ◽  
Actus Reus ◽  
Property Offences

This chapter examines the most frequently committed property offences in Great Britain, focusing on burglary, aggravated burglary and criminal damage. It also discusses blackmail, a less frequent but equally serious offence. The general principles of these offences are explored and their actus reus and mens rea elements are discussed. The chapter explains the key provisions of the Theft Act 1968 and identifies the types of legal defence that can be successfully employed for these offences. It considers racially and religiously aggravated criminal damage, criminal damage endangering life, and arson. The chapter also provides examples of several relevant cases and analyses the bases of court decisions in each of them.

6. Homicide 1: murder

2018 ◽  
Author(s):  
Janet Loveless ◽  
Mischa Allen ◽  
Caroline Derry
Keyword(s):  
Great Britain ◽  
Criminal Justice ◽  
Mens Rea ◽  
Court Decisions ◽  
Life Sentence ◽  
Actus Reus ◽  
Homicide Law ◽  
Mandatory Sentence

This chapter, which examines homicide law in Great Britain, focusing on murder, explains that the term homicide includes the offences of murder and manslaughter and can also be used to refer to other forms of statutory offences of killing. It clarifies that murder refers to intentional killings while manslaughter concerns unintentional killings, and discusses actus reus and mens rea elements of murder. The chapter discusses the sentence for murder under the Criminal Justice Act 2003 and comments on the justification for mandatory life sentence. It also reviews the most recent proposals for reform of murder and the mandatory sentence, and analyses court decisions in relevant cases.

10. Non-fatal offences against the person

2020 ◽  
pp. 452-514
Author(s):  
Janet Loveless ◽  
Mischa Allen ◽  
Caroline Derry
Keyword(s):  
Great Britain ◽  
Criminal Law ◽  
Mens Rea ◽  
Court Decisions ◽  
Bodily Harm ◽  
Coercive Control ◽  
Grievous Bodily Harm ◽  
Actus Reus ◽  
Recent Reform

This chapter discusses the provisions of criminal law for non-fatal offences against the person in Great Britain, which include assault, battery, malicious wounding, grievous bodily harm, and racially and religiously aggravated assaults. It examines the distinction between these major offences against the person and discusses the actus reus and mens rea elements of them. The chapter evaluates the use of the consent and lawful chastisement in legal defence, analyses the relevant provisions of the Harassment Act 1997 and the new offence of coercive control, and reviews some recent reform proposals. It also provides examples of related cases and comments on the bases of court decisions on each of them.

15. Inchoate offences: attempt, conspiracy and assisting and encouraging under the Serious Crime Act 2007

2018 ◽  
Author(s):  
Janet Loveless ◽  
Mischa Allen ◽  
Caroline Derry
Keyword(s):  
Great Britain ◽  
Common Law ◽  
Mens Rea ◽  
Court Decisions ◽  
Serious Crime ◽  
Different Types ◽  
Actus Reus ◽  
The Common ◽  
The Difference

This chapter examines different types of inchoate offences in Great Britain, which include attempt, conspiracy, and encouraging or assisting. It explains the conditions of liability for these offences, discusses the relevant provisions of the Serious Crime Act 2007, clarifies the general principles of these offences, and identifies their actus reus and mens rea elements. It also explores and clarifies the difference between these offences. The chapter discusses the three offences that replace the common law offence of incitement which apply to one who ‘facilitates’ another’s offence. Examples of relevant cases and analyses of court decisions in each of them are also provided.

15. Inchoate offences: attempt, conspiracy and assisting and encouraging under the Serious Crime Act 2007

2020 ◽  
pp. 681-718
Author(s):  
Janet Loveless ◽  
Mischa Allen ◽  
Caroline Derry
Keyword(s):  
Great Britain ◽  
Common Law ◽  
Mens Rea ◽  
Court Decisions ◽  
Serious Crime ◽  
Different Types ◽  
Actus Reus ◽  
The Common ◽  
The Difference

This chapter examines different types of inchoate offences in Great Britain, which include attempt, conspiracy, and encouraging or assisting. It explains the conditions of liability for these offences, discusses the relevant provisions of the Serious Crime Act 2007, clarifies the general principles of these offences, and identifies their actus reus and mens rea elements. It also explores and clarifies the difference between these offences. The chapter discusses the three offences that replace the common law offence of incitement which apply to one who ‘facilitates’ another’s offence. Examples of relevant cases and analyses of court decisions in each of them are also provided.

Sign in / Sign up

Export Citation Format

Share Document