Module Identifier | LA35930 | ||
Module Title | CRIMINAL LAW | ||
Academic Year | 2001/2002 | ||
Co-ordinator | Mr Gavin Dingwall | ||
Semester | Semester 2 (Taught over 2 semesters) | ||
Other staff | Mr Neil Kibble | ||
Co-Requisite | LA10110 or LA30110 or LA15710 | ||
Course delivery | Lecture | 48 Hours - 3 one hour lectures per week | |
Seminars / Tutorials | 10 Hours - 5 one hour seminars each semester | ||
Assessment | Essay | Assessed essay of 2000 words (required in Week 11 of Semester 2) | 33% |
Exam | 2 Hours | 66% | |
Resit assessment | Resit: By retaking the failed element (ie written assignment or examination or both, as applicable) | ||
Professional Exemptions | Required for Professional Purposes |
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.
The analytical approach is designed specifically to encourage students to construct a convincing argument on the basis of relevant evidence. In order to fully understand the way in which the Criminal Law operates in society, students have to gain an appreciation of the historical development, the theoretical basis and the increasingly supra-national nature of the subject matter. All of the intellectual skills and subject skills identified in the programme outcomes are encouraged by the module.
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