Tenth Edition ‘I think that the book is pitched particularly well for those who are new to the study of criminal law. It also puts the law in a wider social and political context and this C encourages students to think beyond the black letter law.’ Dr. Louise Taylor, Nottingham Trent University r i ‘A very good textbook which is concise but contains theoretical perspectives on m the law, along with useful conclusions on reform. The MyLawChamber features are excellent.’ i Alan East, Coventry University n a Criminal Law is your indispensable guide to this core l component of your law degree. It clearly sets out the key topics you’ll need to understand, unpicking L the relevant case and statute law, whilst discussing Join over 11 million students the issues and academic debates that inevitably a benefi tting from Pearson’s arise from this contentious area of law. The authors eLearning products Tenth edition also provide criticism of the current law as well as w discussion around reform. This title can be supported by MyLawChamber, an Criminal Law online homework and tutorial system designed to The book is geared towards helping you succeed in build and test your understanding. MyLawChamber your studies and, as well as their trademark clarity provides a personalised approach with instant of writing, the authors use a number of features to feedback and numerous additional resources to help you cement your understanding, including: support your learning. • Key case boxes which highlight the important Key features: Catherine Elliott & Frances Quinn cases you’ll need to remember; • An interactive Pearson eText for easy reference anywhere • Topical issue boxes, which examine the law at work in notable examples from wider society; • Case Navigator (in conjunction with LexisNexis) to help improve students’ case reading and ‘A solid textbook which is ideal for fi rst year criminal law courses.’ • Figures and diagrams, which help you comprehension skills to visualise concepts and processes; • Virtual Lawyer, an interactive learning Dr. John Kelly, Lincoln University • Examination-style questions with detailed environment that helps develop your E answer guidance which help you to revise and skills in answering legal problem questions ll i o prepare for assessments. • Limitless opportunities to practise including a t testbank full of multiple-choice questions t & A student access card may have been included with Q this textbook at a reduced cost. If you do not have u this access code, you can buy access to i MyLawChamber online at www.mylawchamber.com. n n Catherine Elliott (LLB, DEA) is a qualifi ed barrister and Senior Lecturer in Law at City University, London. She has extensive experience use with of teaching and writing about law. y m Frances Quinn is an award-winning journalist with © Ala e / a particular interest in and experience of the law. magden er iHol ovm www.pearson-books.com CJi CVR_ELLI5491_10_SE_CVR.indd 1 19/03/2014 10:34 Criminal Law AA0011__EELLLLII55449911__1100__SSEE__FFMM..iinndddd ii 2200//0033//22001144 1100::3322 AAMM Other leading law books by Elliott & Quinn For the best start in law This renowned author team draws on its extensive experience to bring an unbeatable selection of texts that provide total clarity on core areas of the law. 7 1 2 8 2 7 4 5 8 8 7 7 3 3 7 7 2 2 0 0 8 8 7 7 9 9 8 1 8 9 3 4 4 5 8 1 7 0 3 2 7 9 02 12 8 8 7 7 9 9 These books are also available with MyLawChamber which provides online study support through: the interactive Pearson eText, regular updates on changes to the law, online glossary, exam style and multiple choice questions, all located at www.mylawchamber.co.uk. For further information or to order these books, please visit: www.pearsoned.co.uk/law AA0011__EELLLLII55449911__1100__SSEE__FFMM..iinndddd iiii 2200//0033//22001144 1100::3322 AAMM Tenth Edition Criminal Law Catherine Elliott and Frances Quinn AA0011__EELLLLII55449911__1100__SSEE__FFMM..iinndddd iiiiii 2200//0033//22001144 1100::3322 AAMM PEARSON EDUCATION LIMITED Edinburgh Gate Harlow CM20 2JE United Kingdom Tel: +44 (0)1279 623623 Web: www.pearson.com/uk First published 1996 (print) Second edition published 1998 (print) Third edition published 2000 (print) Fourth edition published 2002 (print) Fifth edition published 2004 (print) Sixth edition published 2006 (print) Seventh edition published 2008 (print) Eighth edition published 2010 (print) Ninth edition published 2012 (print) Tenth edition published 2014 (print and electronic) © Pearson Education Limited 1996, 2012 (print) © Pearson Education Limited 2014 (print and electronic) The rights of Catherine Elliott and Frances Quinn to be identified as authors of this work have been asserted by them in accordance with the Copyright, Designs and Patents Act 1988. The print publication is protected by copyright. Prior to any prohibited reproduction, storage in a retrieval system, distribution or transmission in any form or by any means, electronic, mechanical, recording or otherwise, permission should be obtained from the publisher or, where applicable, a licence permitting restricted copying in the United Kingdom should be obtained from the Copyright Licensing Agency Ltd, Saffron House, 6–10 Kirby Street, London EC1N 8TS. The ePublication is protected by copyright and must not be copied, reproduced, transferred, distributed, leased, licensed or publicly performed or used in any way except as specifically permitted in writing by the publishers, as allowed under the terms and conditions under which it was purchased, or as strictly permitted by applicable copyright law. Any unauthorised distribution or use of this text may be a direct infringement of the authors’ and the publishers’ rights and those responsible may be liable in law accordingly. Contains public sector information licensed under the Open Government Licence (OGL) v2.0. www.nationalarchives.gov.uk/doc/open-government-licence. Pearson Education is not responsible for the content of third-party internet sites. ISBN: 978-1-292-01549-1 (print) 978-1-292-01553-8 (PDF) 978-1-292-01550-7 (eText) British Library Cataloguing-in-Publication Data A catalogue record for the print edition is available from the British Library Library of Congress Cataloging-in-Publication Data Elliott, Catherine, 1966– author. Criminal law / Catherine Elliott and Frances Quinn. – Tenth edition. pages cm ISBN 978-1-292-01549-1 (lipm) 1. Criminal law–England. I. Quinn, Frances, author. II. Title. KD7869.E44 2014 345.42–dc3. 2014000787 10 9 8 7 6 5 4 3 2 1 18 17 16 15 14 Print edition typeset in 9/12.5pt Frutiger LT Pro by 35 Print edition printed and bound in Malaysia NOTE THAT ANY PAGE CROSS REFERENCES REFER TO THE PRINT EDITION AA0011__EELLLLII55449911__1100__SSEE__FFMM..iinndddd iivv 2200//0033//22001144 1100::3322 AAMM Brief contents Guided tour xvii Publisher’s acknowledgements xx Preface xxi Table of cases xxii Table of statutes xxxi Table of treaties xxxiv Introduction 1 1 Elements of a crime 13 2 Strict liability 39 3 Murder 53 4 Voluntary manslaughter 78 5 Involuntary manslaughter 109 6 Non-fatal offences against the person 150 7 Sexual offences 177 8 Non-fraudulent property offences 211 9 Fraudulent property offences 250 10 Inchoate offences 272 11 Accomplices 299 12 Corporate liability 328 13 General defences 343 Appendix 420 Select bibliography 425 Glossary 436 Index 443 v AA0011__EELLLLII55449911__1100__SSEE__FFMM..iinndddd vv 2200//0033//22001144 1100::3322 AAMM AA0011__EELLLLII55449911__1100__SSEE__FFMM..iinndddd vvii 2200//0033//22001144 1100::3322 AAMM Contents Guided tour xvii Publisher’s acknowledgements xx Preface xxi Table of cases xxii Table of statutes xxxi Table of treaties xxxiv Introduction 1 Introduction 2 How much crime is there? 2 Awareness of crime 2 Reporting crime 3 Recording crime 4 White-collar and corporate crime 5 Statistics and conclusions 6 Sources of criminal law 7 European criminal law 8 Codification of the criminal law 8 Summary 10 Reading list 11 Chapter 1 Elements of a crime 13 Introduction 14 Actus reus 14 Conduct must be voluntary 14 Types of actus reus 15 Causation 16 Omissions 16 Mens rea 21 Intention 22 Recklessness 22 Negligence 29 Transferred malice 30 Coincidence of actus reus and mens rea 31 Mens rea and motive 31 vii AA0011__EELLLLII55449911__1100__SSEE__FFMM..iinndddd vviiii 2200//0033//22001144 1100::3322 AAMM Contents Proof of mens rea 32 Problems with the law on mens rea 32 Subjective principles in criminal law 33 Answering questions 34 Summary 36 Reading list 37 Chapter 2 Strict liability 39 Introduction 40 Which crimes are crimes of strict liability? 40 Regulatory offence 41 Issue of social concern 42 The wording of the Act 43 The smallness of the penalty 44 Relevance of the four factors 44 Crimes of negligence 45 The effect of mistake 45 The European Convention on Human Rights 45 Arguments in favour of strict liability 46 Promotion of care 46 Deterrent value 46 Easier enforcement 46 Difficulty of proving mens rea 46 No threat to liberty 46 Profit from risk 46 Arguments against strict liability 47 Injustice 47 Ineffective 47 Little administrative advantage 48 Inconsistent application 48 Better alternatives are available 49 Reform 49 Restrict the use of strict liability 49 Defence of all due diligence 50 Extending strict liability 50 Answering questions 50 Summary 51 Reading list 52 Chapter 3 Murder 53 Introduction 54 The common elements of homicide offences 54 viii AA0011__EELLLLII55449911__1100__SSEE__FFMM..iinndddd vviiiiii 2200//0033//22001144 1100::3322 AAMM Contents A human being 54 Death 54 Causation 55 Murder 61 Definition 61 Mens rea 61 Sentence 69 Criticism 69 Proposals for reform 71 Answering questions 74 Summary 75 Reading list 77 Chapter 4 Voluntary manslaughter 78 Introduction 79 Loss of control 79 1. Loss of self-control 81 2. Resulting from a qualifying trigger 83 3. The objective test 88 Burden of proof 92 Criticism 93 Diminished responsibility 95 An abnormality of mental functioning 96 Burden of proof 100 Criticism 100 Suicide pacts 103 Answering questions 104 Summary 106 Reading list 107 Chapter 5 Involuntary manslaughter 109 Introduction 110 Manslaughter by an unlawful and dangerous act 110 Actus reus 110 Mens rea 116 Criticism 117 Gross negligence manslaughter 118 Criticism 124 Subjective reckless manslaughter? 126 Causing death by dangerous driving 128 ix AA0011__EELLLLII55449911__1100__SSEE__FFMM..iinndddd iixx 2200//0033//22001144 1100::3322 AAMM