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

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Description
In this edition of Smith, Hogan, and Ormerod's Text, Cases, and Materials we continue the restructuring and redesign of the book that we began in the last edition. We intend the text to remain a single comprehensive point of reference for students and so the chapters have been thoroughly revised and restructured to ensure that they continue to reflect the typical content of the undergraduate degree syllabus for criminal law. We have also included even more case commentary and analysis to assist the reader. We maintain our belief that textbook commentary is no substitute for first-hand engagement with the relevant material. Reading source material and reflecting on its meaning and significance is crucial, not only to the development of students' analytical abilities, but ultimately for academic success and for any career in the law. To that end, we have included a sufficient number of extracts to permit students the opportunity to grapple with the relevant case law, statutory material and academic commentary themselves. The most significant change to the content of the book has been necessitated by the judgment of the Supreme Court in Jogee. We have rewritten a substantial portion of the complicity chapter to take account of the changes introduced by the Supreme Court's judgment. In addition to our own commentary on the judgment, we have also included some of the criticisms that have been made by leading commentators. We hope that the chapter will give students not only the ability to state the law with confidence, but also the ability to evaluate its merits. At OUP we have been assisted enormously by John Carroll and Sarah Stephenson who made the publication process as painless as ever. We would like to record our thanks to Joy Ruskin-Tompkins and Jonathon Price who copy-edited and proofread the entire manuscript. The manuscript was delivered in January 2017. Annual updates will be available on the online page.

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Contents
1 Introduction
1.1  What is a Crime?
1.2  Principles of Criminal law
1.3  Sources of criminal law
1.4  The label of an offence
1.5  The Human Rights Act 1998
1.6  Codification of criminal law
2 The elements of a crime
2.1  Actus reus and mens rea
2.2  Understanding the requirement of an act
2.3  Coincidence of actus reus and mens rea
2.4  Criminal liability without an act
3 Causation
3.1  Introduction
3.2  General approach to issues of causation
3.3  Criticisms and reform
4 Omissions
4.1  Introduction
4.2  General criminal liability for omissions?
4.3  The present law
4.4  Omissions and causation
5 Fault
5.1  Introduction
5.2  Intention
5.3  Recklessness
5.4  Malice
5.5  Knowledge
5.6  Negligence
6 Strict liability
6.1  Introduction
6.2  What does strict liability mean?
6.3  When will strict liability be imposed?
6.4  Strict liability and defences
6.5  Strict liability, mens rea and the burden of proof
6.6  Strict liability offences and the ECHR
6.7  The merits of strict liability
6.8  Compromise positions on strict liability
6.9  Reform
7 Murder
7.1  Introduction
7.2  The actus reus of murder
7.3  Mens rea
7.4  Reform
8 Voluntary manslaughter
8.1  Introduction
8.2  Loss of control
8.3  Diminished responsibility
8.4  Suicide pacts and assisting suicide
9 Involuntary manslaughter
9.1  Introduction
9.2  'Unlawful act' manslaughter
9.3  Manslaughter by gross negligence
9.4  Reckless manslaughter
9.5  Reform
10 Non-fatal offences against the person
10.1  Introduction
10.2  Assault and battery
10.3  Consent and assault
10.4  Occasioning actual bodily harm, wounding, inflicting GBH and causing GBH
10.5  Racially aggravated assaults
10.6  Administering poison, etc
10.7  Slavery and torture
10.8  Reform of the law of offences against the person
11 Consent and offences against the person
11.1  Introduction
11.2  How to approach the issue of consent
11.3  Factual consent
11.4  Consent recognized in law
11.5  Consent and the ECHR
12 Sexual offences
12.1  The background to the Sexual Offences Act 2003
12.2  Non-consensual offences
12.3  Offences against children
12.4  Other sexual offences
13 Theft
13.1  Introduction
13.2  Basic definition of theft
13.3  Appropriation
13.4  Property
13.5  Belonging to another
13.6  Dishonesty
13.7  Intention permanently to deprive
14 Robbery
14.1  Introduction
14.2  Elements of the offence
15 Burglary and related offences
15.1  Burglary
15.2  Aggravated burglary
15.3  Trespass with intent to commit a sexual offence
15.4  Going equipped with housebreaking implements
16 Fraud
16.1  Introduction
16.2  Section 2: fraud by false representation
16.3  Section 3: fraud by failing to disclose information
16.4  Section 4: fraud by abuse of position
16.5  Section 11: obtaining services dishonestly
16.6  Section 6: possession of articles for use in fraud
16.7  Section 7: making, adapting, etc articles for fraud
17 Related offences in the Theft Acts 1968 and 1978
17.1 Introduction
17.2 Removal of articles from places open to the public
17.3 Taking conveyances
17.4 Aggravated vehicle-taking
17.5 Blackmail
17.6 Making off without payment
18 Offences of damage to property
18.1  Introduction
18.2  Destroying or damaging property of another
18.3  Destroying, etc property with intent to endanger life
18.4  Arson
18.5  Other offences
18.6  Racially or religiously aggravated criminal damage
18.7  A note on the Computer Misuse Act 1990
19 Parties to offences
19.1 Introduction
19.2 The derivative nature of secondary liability
19.3 Distinguishing principals, innocent agents and accessories
19.4 Liability as an accessory
19.5 Mens rea of the secondary party
19.6 Knowledge of any facts necessary to make P's act criminal
19.7 Legislative reform of parasitic accessorial liability in murder
19.8 Can an accessory be liable for a more serious offence than the principal?
19.9 Defences available only to secondary parties
19.10 Derivative versus inchoate liability
19.11 Reform
20 Attempt
20.1 Introduction
20.2 Definition
20.3 Mens rea
20.4 Actus reus
20.5 Impossibility and attempts
20.6 Reform
20.7 Why have a crime of attempt?
21 Conspiracy
21.1  Introduction
21.2  Rationale of offence
21.3  Statutory and common law conspiracy
21.4  The elements of statutory conspiracy
21.5  Exemptions from liability for conspiracy
21.6  Common law conspiracies
21.7  Reform of conspiracy
22 Assisting and encouraging: Serious Crime Act 2007, Part 2
22.1  Introduction
22.2  The Serious Crime Act 2007, Part 2
22.3  Impossibility and the Serious Crime Act 2007
22.4  The possibility of reform?
23 General defences
23.1  Introduction
23.2  The incapacity of children
23.3  Duress by threats or circumstances
23.4  Duress of circumstances
23.5  Necessity
23.6  The use of force in public or private defence
23.7  Judicial development of defences
23.8  Justification and excuses
24 Mental conditions
24.1  Introduction
24.2  Fitness to plead
24.3  The relationship between automatism and insanity Automatism Insanity
24.4  Sane Automatism
24.5  Insanity : the M'Naghten Rules 
24.6  Reform of the la
24.7  Diminished respinsibility 
25 Intoxication
25.1 Introduction
25.2 Voluntary and involuntary intoxication
25.3 'Specific' and 'basic' intent
25.4 Prior fault
25.5 Voluntary intoxication leading to a loss of mens rea
25.6 Drinking with intent: Dutch courage
25.7 Intoxication and defences
25.8 Reform of the law
26 Liability of corporations
26.1  Introduction
26.2  Personal liability
26.3 Vicarious liability
16.4  Liability of a corporation
26.5  Corporate manslaughter
26.6  Unincorporated associations
26.7  Why convict corporations at all?
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Author Details
Professor David Ormerod QC is a Law Commissioner tot' England and Wales and Professor of Criminal Justice at Queen Mary University of London. He is also a Door tenant at Red Lion Chamber s. He is a Bencher of Middle Temple.
Karl Laird is Lecturer in Iaw at Exeter College and a Senior Retained Lecturer at Pembroke College. University of Oxford. He has also taught at the University of Bristol.
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