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.

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.

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.

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.

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.

14. Property offences 3: burglary, blackmail and criminal damage

2020 ◽  
pp. 645-680
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.

12. Property offences 1: theft, robbery and handling

2020 ◽  
pp. 556-624
Author(s):  
Janet Loveless ◽  
Mischa Allen ◽  
Caroline Derry
Keyword(s):  
Great Britain ◽  
Mens Rea ◽  
Court Decisions ◽  
Civil Case ◽  
Actus Reus ◽  
Definition Of ◽  
Property Offences

This chapter examines property offences in Great Britain, focusing on theft, robbery, and handling. It explains that these three are in the top ten list of the most frequently occurring property offences in Britain. The chapter outlines the general principles of these offences and discusses their actus reus and mens rea elements. It looks at the key provisions of the Theft Act 1968 including the s1 definition of theft in the Act and analyses the bases of court decisions in several examples of relevant cases. It discusses property and appropriation. It also discusses recent changes to the definition of dishonesty and how juries are now asked to assess dishonesty after the recent civil case of Ivey v Genting Casinos (UK) Limited (Crockfords).

11. Sexual offences

2020 ◽  
pp. 515-555
Author(s):  
Janet Loveless ◽  
Mischa Allen ◽  
Caroline Derry
Keyword(s):  
Great Britain ◽  
Social Context ◽  
Mens Rea ◽  
Court Decisions ◽  
Sexual Offence ◽  
Marital Rape ◽  
Sexual Offences ◽  
The Social ◽  
Actus Reus ◽  
Sexual Offences Act 2003

This chapter examines the types of sexual offence in Great Britain contained in the Sexual Offences Act 2003. These include rape, assault by penetration, sexual assault, and causing sexual activity without consent. The chapter discusses the key elements of these offences, analyses the social context of rape, and investigates the reasons behind the low conviction rates for rape cases. It explains the principle of the rape theory and the actus reus and mens rea elements of sexual offences, considers marital rape, and also provides examples of several relevant cases and analyses the bases of court decisions in each of them.

13. Property offences 2

2018 ◽  
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.

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