Australian Criminal Law in the Common Law Jurisdictions eBook

Revised Edition

Fourth Edition

Kenneth J Arenson, Mirko Bagaric, Peter Gillies

Australian Criminal Law in the Common Law Jurisdictions eBook
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Australian Criminal Law in the Common Law Jurisdictions eBook

Revised Edition

Fourth Edition

Kenneth J Arenson, Mirko Bagaric, Peter Gillies

ISBN:

9780190305512

Binding:

Ebook

Published:

8 Sep 2016

Availability:

Available

Series:

$159.95 AUD

$183.99 NZD

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Description

Australian Criminal Law in the Common Law Jurisdictions is a clear and comprehensive introduction to the fundamentals of criminal law. Updated throughout to reflect recent cases and legislation, the revised fourth edition combines clear case extracts with incisive author commentary and discussion. Focusing on the common law states, this text provides clear definitions and criteria for each crime in these jurisdictions and includes critical thinking questions throughout to help readers consolidate their understanding and application of criminal law principles.


New to this edition:

  • Updated throughout with reference to recent cases and legislative amendments
  • New case extracts, legislation and commentary around the elements of constructive murder, tests for self-defence, lawful consent to medical procedure, redefinition of 'injury' and ‘serious injury', consent to sexual penetration, trespassory entry to buildings, and determining joint principal offenders

Contents

PART 1 OVERVIEW
Chapter 1: The Fundamentals of Criminal Law
1.1 Introduction
1.2 The definition of a crime and justification of the criminal law
1.3 The purposes of criminal laws: the connection between crime and punishment 
1.4 Sources of criminal law
1.5 Criminal capacity
1.6 Classification of crimes
1.7 A doctrinal framework: general principles of criminal responsibility
1.8 Burdens of proof
PART 2 HOMICIDE
Chapter 2:Homicide and Actus Reus
2.1 Introduction
2.2 The legal reality of homicide
2.3 Categories of unlawful homicide
2.4 The meaning of ‘life’ and ‘death’
2.5 Actus reus: overview
2.6 Voluntariness
2.7 Causation
Chapter 3: Murder and Mens Rea
3.1 Introduction
3.2 The mens rea element of murder
3.3 Intention to kill
3.4 Intention to cause grievous bodily harm
3.5 Recklessness as to causing death or grievous bodily harm
3.6 Constructive murder
3.7 Temporal coincidence
Chapter 4: Murder: The Doctrines of Provocation and Self-defence
4.1 Introduction
4.2 The doctrine of provocation
4.3 The doctrine of self-defence 
Chapter 5: Involuntary Manslaughter
5.1 Introduction
5.2 Relationship between categories of manslaughter
5.3 Involuntary manslaughter by unlawful and dangerous act
5.4 Involuntary manslaughter by criminal negligence
5.5 Statutory homicides parallelling involuntary manslaughter—the instance of assault causing death
PART 3 ASSAULT
Chapter 6: Laws of Assault
6.1 Introduction
6.2 Mens rea of common assault
6.3 Actus reus of common assault
6.4 Temporal coincidence
6.5 Aggravated assault
6.6 Consent
6.7 Self-defence and provocation
6.8 Other offences against the person
Chapter 7: Sexual Assault
7.1 Introduction
7.2 The elements of rape at common law
7.3 Consent
7.4 Mens rea
7.5 Indecent assault
PART 4 PROPERTY OFFENCES
Chapter 8: Theft and Larceny
8.1 Introduction
8.2 Victoria
8.3 South Australia
8.4 The common law offence of larceny—New South Wales
Chapter 9: Deception and Fraud Offences
9.1 Introduction
9.2 Victoria
9.3 South Australia
9.4 New South Wales
Chapter 10: Burglary, Robbery, and Extortion 
10.1 Introduction
10.2 Burglary
10.3 Robbery
10.4 Extortion or blackmail
PART 5 THE DOCTRINE OF STRICT LIABILITY
Chapter 11: Offences of Strict and Absolute Liability
11.1 Strict liability
11.2 The Proudman defence: honest and reasonable mistake 
11.3 Absolute liability 
PART 6 THE INCHOATE OFFENCES
Chapter 12: Attempt, Incitement, and Conspiracy
12.1 Introduction
12.2 Attempt
12.3 Incitement
12.4 Conspiracy
Chapter 13: Participation in Crime: The Doctrine of Complicity
13.1 Introduction
13.2 Principal offenders
13.3 Liability as an accessory
13.4 Common purpose: the scope of the liability 
13.5 Accessories after the fact
Chapter 14: The Defences of Compulsion: Duress and Necessity 
14.1 Introduction
14.2 Duress 
14.3 Battered women’s syndrome 
14.4 Necessity
Chapter 15: Mental State Defences: Intoxication, Insanity, and Diminished Responsibility 
15.1 Introduction
15.2 Intoxication 
15.3 Insanity
15.4 New South Wales—diminished responsibility

Authors

Kenneth J Arenson - Associate Professor, School of Law, Deakin University
Mirko Bagaric - Professor, Dean of Law, Head of the School of Law, Deakin University
Peter Gilles - Adjunct Professor, School of Law, Murdoch University

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