《SOURCEBOOK ON CRIMINAL LAW 2》

1 ACTUS REUS： THE EXTERNAL ELEMENTS OF AN OFFENCE1

A voluntary act1

A state of affairs amounting to an actus reus1

An omission to act as an actus reus2

2 MENS REA： THE MENTAL ELEMENT13

INTENTION13

Foresight of consequences13

RECKLESSNESS14

MENS REA WORDS26

Wilfully26

Maliciously30

Knowingly31

TEMPORAL COINCIDENCE OF ACTUS RE US AND MENS REA35

TRANSFERRED MALICE42

3 PARTIES TO OFFENCES45

ACCESSORIES45

MENS REA55

SCOPE OF JOINT VENTURE65

LIABILITY OF ACCESSORY WHERE THERE IS NO PRINCIPAL OFFENDER99

ACQUIttAL OF ALLEGED PRINCIPAL OFFENDER110

PRESENCE AT THE SCENE OF THE CRIME116

WITHDRAWAL128

VICTIMS AS ACCESSORIES137

4 CAUSATION139

OPERATING AND SUBSTANTIAL CAUSES143

NOVUS ACTUS INTERVENIENS148

Third party intervention148

Act of God165

Act of the victim166

THE ’EGGSHELL SKULL’ RULE170

5 GENERAL DEFENCES173

INTRODUCTION173

MISTAKE173

6 INSANITY AND AUTOMATISM191

INSANITY191

Defect of reason197

Disease of the mind198

Either： not knowing nature of act or not knowing act wrong217

AUTOMATISM220

Involuntary act220

Self-induced automatism226

7 GENERAL DEFENCES - INTOXICATION229

VOLUNTARY AND INVOLUNTARY INTOXICATION229

VOLUNTARY INTOXICATION235

THE ’DUTCH COURAGE’ RULE243

8 GENERAL DEFENCES - SELF-DEFENCE249

DUTY TO RETREAT?260

DEGREE OF FORCE264

MISTAKES OF FACT275

9 DURESS AND NECESSITY279

DURESS279

The threat279

The ambit of the defence279

NECESSITY AND DURESS OF CIRCUMSTANCES304

Necessity304

Duress of circumstances307

10 INFANCY319

Rebutting the presumption325

11 INCHOATE OFFENCES -ATTEMPTS337

INCHOATE OFFENCES337

ATTEMPTS337

Actus reus： an act which is more than merely preparatory338

Mens rea344

IMPOSSIBILITY349

12 INCHOATE OFFENCES - CONSPIRACY357

STATUTORY CONSPIRACY357

The actus reus of statutory conspiracy358

The mens rea of statutory conspiracy360

COMMON LAW CONSPIRACY367

Conspiracy to defraud367

Conspiracy to corrupt public morals； conspiracy to outrage public decency372

CONSPIRACY TO COMMIT A CRIME ABROAD380

OVERLAP BETWEEN STATUTORY CONSPIRACY AND CONSPIRACY TO DEFRAUD382

IMPOSSIBILITY AS A DEFENCE TO CONSPIRACY382

SUBSTANTIVE OFFENCES AND CONSPIRACY385

ACQUITTAL OF ANOTHER PARTY TO A CONSPIRACY385

13 INCHOATE OFFENCES - INCITEMENT387

ACTUS REUS387

MENS REA392

IMPOSSIBILITY AS A DEFENCE TO INCITEMENT394

14 STRICT LIABILITY405

CORPORATE LIABILITY430

15 THEFT457

DISHONESTY458

The provisions of s 2(1) (a)460

The provisions of s 2(1)(b)460

The provisions of s 2(1)(c)463

The provisions of s 2(2)463

APPROPRIATION465

Cheques478

Several appropriations of the same property or a continuing process?479

Appropriation of property acquired innocently481

PROPERTY482

Stealing of part can be stealing of whole484

Section 5(3) of the Theft Act 1968： obligation to deal with property487

Section 5(4) of the Theft Act 1968： obligation to restore property488

Section 6 of the Theft Act 1968： intention permanently to deprive491

Conditional intent495

Aggravating circumstances for s 12A502

16 BURGLARY505

ENTRY AS A TRESPASSER505

BUILDING OR PART OF A BUILDING510

AGGRAVATED BURGLARY515

Time at which defendant must have with him the firearm, etc516

Has with him517

17 ROBBERY519

THEFT519

FORCE521

BLACKMAIL522

Menaces522

Unwarranted demand524

18 HANDLING STOLEN GOODS525

STOLEN GOODS525

Stolen526

Goods526

Otherwise than in the course of stealing526

DISHONESTY530

Knowing or believing that the goods are stolen530

THE FORMS OF HANDLING533

Receiving534

Arranging to receive534

Undertaking or assisting in retention, removal, disposal or realisation by or for the benefit of another person535

What amounts to ’assisting’537

Retention539

19 OFFENCES INVOLVING DECEPTION541

OBTAINING PROPERTY BY DECEPTION541

Dishonesty541

Deception544

Worthless cheques； use of cheque cards； credit cards551

Causation558

OBTAINING A MONEY TRANSFER BY DECEPTION562

DISHONESTLY RETAINING A WRONGFUL CREDIT563

OBTAINING PECUNIARY ADVANTAGE BY DECEPTION564

Deception； dishonesty； obtains565

Pecuniary advantage565

Section 16(2)(b) of the Theft Act 1968： being allowed to borrow by way of overdraft, etc566

Section 16(2)(c) of the Theft Act 1968： opportunity to earnremuneration, etc567

FALSE ACCOUNTING568

OBTAINING SERVICES BY DECEPTION569

Deception； dishonesty； obtains569

The scope of the offence569

EVASION OF LIABILITY BY DECEPTION572

MAKING OFF WITHOUT PAYMENT576

Payment on the spot577

Making off578

Intent to avoid payment580

GOING EQUIPPED FOR STEALING, ETC581

Place of abode582

Has with him582

For use for burglary, theft or cheat583

20 CRIMINAL DAMAGE585

THE OFFENCES586

Section 1(1) of the Criminal Damage Act 1971： criminal damage586

Aggravated criminal damage586

The two offences compared587

The two offences： the common elements587

Without lawful excuse： the general defence590

CRIMINAL DAMAGE (SECTION 1(1))591

Ordinary criminal damage： property belonging to another591

Lawful excuse： the statutory defences591

AGGRAVATED CRIMINAL DAMAGE (SECTION 1(2))593

Danger to life593

ARSON598

The mental element： intention or recklessness598

MISTAKEN BELIEF617

INTOXICATION618

AGGRAVATED CRIMINAL DAMAGE： MENS REA620

OTHER OFFENCES UNDER THE CRIMINAL DAMAGE ACT 1971623

Punishment623

21 MURDER AND MANSLAUGHTER625

THE DEFINITION OF MURDER625

THE ’YEAR AND A DAY’ RULE625

Unlawfulness626

Death of a person in being626

Malice aforethought628

DEFENCES UNIQUE TO MURDER645

Diminished responsibility645

Provocation653

Sudden and temporary loss of self-control662

When should the jury be directed on the issue of provocation?666

Self-induced provocation671

MANSLAUGHTER672

Constructive manslaughter672

Manslaughter by gross negligence686

22 NON-FATAL OFFENCES AGAINST THE PERSON691

THE OFFENCES AGAINST THE PERSON ACT 1861691

CRIMINAL JUSTICE ACT 1988691

Assault691

ASSAULT OCCASIONING ACTUAL BODILY HARM (SECTION 47)694

Actual bodily harm695

Assault occasioning actual bodily harm： foreseeability of harm700

WOUNDING OR CAUSING GRIEVOUS BODILY HARM(SECTION 20)703

Wounding703

Grievous bodily harm705

WOUNDING OR CAUSING GRIEVOUS BODILY HARM WITH INTENT (SECTION 18)713

Section 20 as an alternative verdict to s 18713

GENERAL DEFENCES714

Honest belief in need to use force714

Consent716

OTHER OFFENCES INVOLVING VIOLENCE722

Offences Against the Person Act 1861722

Assaulting a police officer in the execution of his duty； obstructing a police officer in the execution of his duty725

KIDNAPPING731

FALSE IMPRISONMENT732

23 SEXUAL OFFENCES733

RAPE733

Punishment733

ATTEMPTED RAPE745

Mens rea745

Actus reus746

INDECENT ASSAULT747

Punishment748

SOME OTHER SEXUAL OFFENCES760

Sexual intercourse with a girl under 13760

Sexual intercourse with a girl under 16760

24 OFFENCES INVOLVING WEAPONS763

Has with him763

PUBLIC PLACE765

WEAPONS WHICH ARE OFFENSIVE PER SE： MEANING767

WEAPONS WHICH ARE OFFENSIVE PER SE： A QUESTION OF FACT768

WEAPONS WHICH BECOME OFFENSIVE BECAUSE OF THE INTENTION WITH WHICH THEY ARE CARRIED770

Intention to intimidate773

Lawful authority or reasonable excuse： burden of proof773

CASES WHERE INJURY ACTUALLY INFLICTED776

POSSESSION OF BLADES, ETC777

Has with him in a public place777

Folding pocket knife777

Lawful authority or good reason778

Index783