Module Information

Criminal Law is a foundation subject, and must be studied and passed for the purpose of obtaining exemption from the first stage of professional law examinations. The study of the general principles underlying the criminal law forms an important part of any proper legal education. The course will not attempt to deal with all or even most of the specific offences known to English law. There are too many such offences. The emphasis is on the underlying principles. Can criminal liability be incurred without proof of fault or of criminal intent? Will a person be deemed to "intend" a consequence where he knew it to be an inevitable side effect of his intended behaviour? Can ignorance of the law ever amount to a defence? What if a person sets out to commit a certain crime, but abandons the idea before completing it? Although the emphasis is on general principles, these cannot be taught or understood without reference to specific offences, and a significant number of these offences will be studied in depth. Criminal law exposes students to complex problems of statutory interpretation, and requires the study of a great deal of case law, much of it contradictory and unsound. Students must be prepared to question and criticise the law, whilst at the same time attempting to understand it.

The aim of this module is to provide students with a proper understanding of the basic principles and objectives of English criminal law, and a working knowledge of a reasonably wide range of specific offences and defences.

1. The Nature of Criminal Law
Essential definitions and distinctions
The role of Criminal Law in society

2. Elements of a Criminal Offence

2.1 Actus Reus
commission and omission
state of affairs offences
conduct and result crimes
causation
voluntariness

2.2 Mens Rea
different forms of mens rea
crimes of strict liability
intention
knowledge or belief
maliciousness `
recklessness (Cunningham and Caldwell distinguished)
wilfulness
mistakes and mens rea

3. Homicide
varieties of unlawful homicide
causation
murder
infanticide
constructive manslaughter
reckless manslaughter
killing under provocation
diminished responsibility
causing death by dangerous driving

4. Non-Fatal Offences Against the Person
assault and battery
assault occasioning actual bodily harm
wounding and grievous bodily harm
assaulting a constable etc.
other violent offences

5. Sexual Offences
rape
unlawful sexual intercourse
incest
homosexual offences
indecent assault

6. Inchoate Offences
incitement
common law and statutory conspiracies
attempt

7. Participation in Crime
vicarious and corporate liability
aiding, abetting, counselling or procuring
mens rea of participants
withdrawal from participation
victims as accessories
joint enterprise

8. Capacity and Defences
infancy
mental illness/insanity
automatism
intoxication
self defence
duress
necessity

9. Theft and Offences Against Property
theft
robbery
burglary
blackmail
handling stolen goods
taking conveyance without consent
false accounting
making off without payment
obtaining property by deception
obtaining pecuniary advantage by deception
obtaining services by deception
other fraud offences
criminal damage