Aims: To develop
a sound understanding of the general principles of criminal
liability and an ability to critically analyse the rules of
substantive criminal law.
Objectives: On completion of this course,
students should have an awareness of the principles of criminal
law, a sound working knowledge of the main criminal offences and
defences and the factors affecting criminal liability. Students
will be expected to demonstrate knowledge, understanding and an
ability to apply the rules which make up the criminal law to
problem situations of some legal complexity. In addition, they
will be expected to show that they are able to express their
considered views on whether the aims and objectives of the
criminal law are appropriate in a modern legal system.
1. Introduction to criminal liability
(a) General principles of actus
reus and mens rea
(b) Structure of criminal liability
2. Homicide and ‘special’ defences
(a) Murder
(i) Elements of the offence of murder
(ii) Defences of:-
provocation – section 3 Homicide Act 1957; and
diminished responsibility – Section 2 Homicide Act
1957
(b) Manslaughter
(i) Constructive manslaughter
(ii) Gross negligence manslaughter
(iii) Reckless manslaughter
3. Non-fatal offences against the person
(a) Assault and battery
(b) Assault occasioning actual bodily harm contrary to section
47 Offences Against the Person Act 1861 (OAPA 1861)
(c) Malicious wounding and maliciously inflicting grievous
bodily harm contrary to section 20 OAPA 1861
(d) Wounding with intent and grievous bodily harm with intent
contrary to section 18 OAPA 1861
(e) Administering poison offences contrary to sections 23 and 24
OAPA 1861
(f) Harassment contrary to section 2 Protection from Harassment
Act 1997
(g) Racially aggravated assaults contrary to section 28 Crime
and Disorder Act 1998
4. Sexual offences and the issue of consent as it
relates to those offences
(a) Rape contrary to section 1 Sexual Offences Act 2003
(SOA 2003)
(b) Assault by penetration contrary to section 2 SOA
2003
(c) Sexual assault contrary to section 3 SOA 2003
(d) Causing a person to engage in sexual activity without
consent contrary to section 4 SOA 2003
(e) Consent Sections 74, 75 and 76 SOA 2003
5. Defences
(a) ‘Defences’ of lack of mens rea
(i) Mistake
(ii) Intoxication
(b) Justification
(i) Self-defence
(ii) Force used in the course of preventing crime or
arresting offenders: section 3 Criminal
Law Act 1967
(iii) Necessity
(c) Excuse
(i) Duress by threats
(ii) Duress of circumstances
(d) Mental ‘disorder’ defences
(i) Automatism
(ii) Insanity
(e) Impact of mistake and intoxication on defences generally
6. Inchoate offences
(a) Incitement
(b) Conspiracy / statutory conspiracy contrary to section 1
Criminal Law Act 1977
(c) Attempt contrary to section 1 Criminal Attempts Act 1980
7. Secondary liability. Section 8 Accessories and
Abettors Act 1861
Offences against property
8. Offences contrary to the Thefts Acts 1968 and 1978
(a) Theft contrary to section 1 Theft Act 1968
(b) Robbery contrary to section 8 Theft Act 1968
(c) Burglary contrary to section 9 Theft Act 1968
(d) Aggravated burglary contrary to section 10 Theft Act 1968
(e) Blackmail contrary to section 21 Theft Act 1968
(f) Selected offences contrary to the Fraud Act 2006
(i) Fraud contrary to section 1 Fraud Act 2006
- by false representation section 2 Fraud Act 2006
- by failing to disclose information section 3 Fraud
Act 2006
- by abuse of position section 4 Fraud Act 2006
(ii) Obtaining services dishonestly contrary to section 11
Fraud Act 2006
(g) Making off without payment contrary to section 3 Theft Act
1978
9. Offences contrary to the Criminal Damage Act 1971 and
specific defences relating to criminal damage
(a) Criminal damage contrary to section 1(1) Criminal
Damage Act 1971
(b) Aggravated criminal damage contrary to section 1(2) Criminal
Damage Act 1971
(c) Arson contrary to section 1(3) Criminal Damage Act
(d) Racially aggravated criminal damage section 30 Crime and
Disorder Act 1998
(e) Defence of belief in consent section 5(2)(a) Criminal Damage
Act 1971
(f) Defence of defence of property section 5(2)(b) Criminal
Damage Act 1971
