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

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

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.

4. Strict, vicarious and corporate liability

This chapter examines the concept of strict, vicarious and corporate liability in the context of criminal law. It discusses the implications of strict liability for actus reus and mens rea, evaluates arguments for and against strict liability, and considers the treatment of strict liability under the European Convention on Human Rights (ECHR). The chapter explains the principle of corporate liability, highlights the problems in prosecuting a corporation for a serious crime and explains/critiques the key provisions of the Corporate Manslaughter and Corporate Homicide Act (CMCHA) 2007 in Great Britain. It also provides several examples of relevant cases and analyses the bases of court decision in each of them.

3. Mens rea: intention, recklessness, negligence and gross negligence

This chapter focuses on mens rea (MR), the mental element of a criminal offence, and discusses some of the components of MR, which include intention, recklessness, negligence and gross negligence. It explains that intention can either be direct or oblique and that recklessness may be defined as the conscious taking of an unjustified risk. It also explains how to distinguish between negligence and gross negligence: negligence is unreasonable conduct that creates risk while gross negligence is a high degree of negligence deserving criminal punishment. The chapter also considers several examples of cases relevant to MR and analyses the court decisions in each of them.

10. Non-fatal offences against the person

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.

5. Secondary participation: parties to a crime

This chapter focuses on accessories to a crime or those who assist or encourage another to commit a crime. It discusses the conditions for liability under actus reus and mens rea, and explains that an accessory can be held liable for a crime and given the same punishment. The chapter explains accessorial liability for offences which go beyond the joint venture, and defences to secondary participation, evaluating whether victims can also be considered as accessories. The chapter provides examples of relevant cases including the case of Jogee, which, following recommendations of reform from the Law Commission and others, made significant changes to accessorial liability in joint ventures.

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

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

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

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

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.