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Criminal Law | University of Kent 10/02/21 Criminal Law | University of Kent Criminal Law View Online 103 items Book Purchases (2 items) Criminal law: text, cases, and materials - Jonathan Herring, 2016 Book | Suggested for student purchase | Purchase current edition Blackstone's Statutes on Criminal Law 2016-2017 Book | Suggested for student purchase | you will be able to take this statute book into the examination provided you have not annotated the book. Library does not purchase copies of Statute Books Recommended text: (3 items) Principles of criminal law - Ashworth, Andrew, Horder, Jeremy, 2013 Book | Recommended (Should Read) Smith and Hogan's criminal law - D. C. Ormerod, J. C. Smith, Karl Laird, 2015 Book | Recommended (Should Read) Criminal law - Nicola Padfield, 2016 Book | Recommended (Should Read) Week 1: Induction No lectures or seminars Week 2 - Seminar 1: Introducing the Criminal Justice System (1 items) Required Reading: (1 items) Criminal law: text, cases, and materials - Jonathan Herring, 2016 Book | Core (Must Read) | Herring pp1-19 (part) Week 3 - Seminar 2: Morality, Harm and Criminalisation (5 items) Which Principles or Concerns Determine Which Conduct Should be Criminalised? Required Reading: (2 items) 1/24 10/02/21 Criminal Law | University of Kent Criminal law: text, cases, and materials - Jonathan Herring, 2016 Book | Core (Must Read) | pp19 (remainder)-41 (part) and 70 Brown (1993) 2 All E.R 75; [1994]1 A C 212 (HL) [contrast Lord Templeman's speech with that of Lord Mustill] Additional Reading: (2 items) Criminal law: text, cases, and materials - Jonathan Herring, 2016 Book | Recommended (Should Read) | pp41 (remainder)-69 For discussion find some examples of acts that you think should be criminalised that are not, or perhaps some actions that are criminalised that you think ought not to be – you need to provide good solid argument as to why you think your position is correct. Cases (1 items) Cases Except where indicated you need to read these cases in their entirety for discussion Donovan [1934] 2 KB 498 Wilson (1996) Crim.L.R, 573; [1997] QB 47 Emmett, The Times, October 15, 1999 Week 4 - Seminar 3: Actus reus - Causation (9 items) Required Reading: (2 items) Criminal law: text, cases, and materials - Jonathan Herring, 2016 Book | Core (Must Read) | pp 71-72 and 87-103 (part) Cheshire [1991] 1 WLR 844 2/24 10/02/21 Criminal Law | University of Kent Additional Reading (1 items) Criminal law: text, cases, and materials - Jonathan Herring, 2016 Book | Recommended (Should Read) | pp103 (remainder)-110 (part) and 119-end Causation (1 items) White [1910] 2 KB 124 Dhaliwal [2006] EWCA Crim 1139 Blaue (1975) 3 All E.R 446 Jordan (1956) 40 Crim.App.R. 152 Malcherek (1981) 2 All E.R 422 Roberts (1972) Crim.L.R.27 Smith (1959) 2 All E.R 193 AG's Ref (No.3 of 1994) (1996) 2 All E.R 10 Kennedy (No. 2) [2007] UKHL 38 BACKGROUND (5 items) Causation in Homicide - Simon Gardner, 1992 Article | Background (Could Read) Constructing manslaughter in drug abuse cases - Graham Virgo, 2003 Article | Background (Could Read) Dealing in death - Heaton, 2003 Article | Background (Could Read) Drug Suppliers as Manslaughterers (again) - Ormerod, Fortson, 2005 Article | Background (Could Read) The Law Commission document on murder is LC304 Murder, Manslaughter and Infanticide 2006 and you can find it easily by searching using the Law Library WEEK 5 – IS READING WEEK you should take the opportunity to catch up with the additional readings from Herring 3/24 10/02/21 Criminal Law | University of Kent specified above. Week 6 - Seminar 4: Actus Reus, Omission (4 items) Required Reading (2 items) Criminal law: text, cases, and materials - Jonathan Herring, 2016 Book | Core (Must Read) | pp73-86 Evans (Gemma) [2009] EWCA Crim 65 Additional Reading (1 items) Criminal law: text, cases, and materials - Jonathan Herring, 2016 Book | Recommended (Should Read) | pp110 (remainder)-118 Omissions (1 items) Airedale NHS Trust v Bland (1993) 1 All E.R 821 Fagan (1968) 3 All E.R 442 Lowe (1973) 1 All E.R 805 Miller (1983) 1 All E.R 978 Stone and Dobinson (1977) 2 All E.R 341 A (Children) (Conjoined Twins: Medical Treatment) (No. 1) [2001] 2 WLR 480 (also for defences of self-defence and necessity) Week 7 - Seminar 5: Mens rea (8 items) Required Reading: (2 items) Criminal law: text, cases, and materials - Jonathan Herring, 2016 Book | Core (Must Read) | pp132-154 (part); 162-169 (part) R v JF [2015] EWCA Crim 351 4/24 10/02/21 Criminal Law | University of Kent Additional Reading (1 items) Criminal law: text, cases, and materials - Jonathan Herring, 2016 Book | Recommended (Should Read) | pp169 (remainder)-210 Cases (1 items) Allen [2005] All ER (D) 248 (May) Smith (1960) 3 All E.R 161 Moloney (1985) AC 905 AG's Ref (No3 of 1994) (1996) 2All E.R 10 Latimer (1886) 17 Q.B.D 359 (see Smith & Hogan) Woollin (1998) Crim.L.R 890; [1999] 1 AC 82 BACKGROUND (4 items) 'Mens Rea: R v Woollin', (1997) Crim.L.R 519-520 Intention thus far - Winnie Chan, A.P Simester, 1997 Article | Background (Could Read) | Simester & Chan, 'Intention Thus Far', (1997) Crim.L.R 704-719 After Woollin - Alan W. Norrie, 1999 Article | Background (Could Read) The Homicide Ladder - Victor Trados, 2006 Article | Background (Could Read) Week 8 - Seminar 6 - Homicide 1 – murder: actus reus and mens rea (4 items) Required Reading: (2 items) Criminal law: text, cases, and materials - Jonathan Herring, 2016 Book | Core (Must Read) | pp231-236 (part) 5/24 10/02/21 Criminal Law | University of Kent Cunningham [1982] AC 566 Additional Reading: (1 items) Criminal law: text, cases, and materials - Jonathan Herring, 2016 Book | Recommended (Should Read) | pp280-290 (part) Cases (1 items) Woollin (1998) Crim.L.R 890; [1999] 1 AC 82 Malcharek; Steel [1981] 1 WLR 690* Enoch (1830) 5 C & P 539* DPP v Smith [1961] AC 290 (on the definition of gbh only)* Bollom [2003] EWCA Crim 2846* Week 9 - Seminar 7: Homicide 2 – murder and the partial defences (voluntary manslaughter) (7 items) Required Reading: (2 items) Criminal law: text, cases, and materials - Jonathan Herring, 2016 Book | Core (Must Read) | pp236 (remainder)-267 Clinton [2012] EWCA Crim 2 Mark Golds[2014] EWCA Crim 2760 – the Supreme Court sitting with 7 Justices heard the appeal in this case on 14th June 2016. Judgment imminent at time of writing (July 2016). Additional Reading: (2 items) Criminal law: text, cases, and materials - Jonathan Herring, 2016 Book | Recommended (Should Read) | pp297-313 The main cases for the 2 partial defences are listed below – it is sufficient for you to read about the main ones in the textbook. You do not need to read the cases in their entirety 6/24 10/02/21 Criminal Law | University of Kent a) Loss of control (1 items) Mustafa Gurpinar v R [2015] EWCA Crim 178 Dawes [2013] EWCA Crim 322 Holley [2005] UKPC 23 Mohammed [2005] EWCA Crim 1880 Camplin (1978) A.C. 705 Roberts (1990) Crim.L.R 122 Thornton (No.2) (1996) 2 All.E.R 1023 Humphreys (1995) 4 All E.R 1008 Morhall (1995) 3 All E.R 659 Luc Thiet Thuan (1996) 2 All E.R 1033 Clough A, 'Loss of Self control as a Defence: The Key to Replacing Provocation' (2010) b) Diminished Responsibility (1 items) Byrne (1960) 3 All ER 1 Lloyd(1966) 1 All ER 107 Tandy (1988) Crim.L.R 308 and (1991) M.L.R. 869 Gittens (1984) QB 698 Dietschmann [2003] UKHL 10 Wood [2008] EWCA Crim 1305 Mackay, R., "The Abnormality of Mind Factor in Diminished Responsibility" [1999] Crim.L.R 117 Law Commission, Consultation Paper No. 173 (2003), Partial Defences to Murder Background reading (1 items) Some useful Ministry of Justice publications on reforms to murder, manslaughter and 7/24 10/02/21 Criminal Law | University of Kent infanticide http://www.bbc.co.uk/news/uk-11232946 BBC short discussion of Kier Starmer's (DPP) proposals to change murder to murder 1 and murder 2. An interesting case from 2011 which saw a man charged for murder of a man who dies 7 years after attack – abolition of year and a day rule - http://www.bbc.co.uk/news/uk-england-beds-bucks-herts-15242182 Two useful articles which considered the new version of the defences created by the 2009 Coroner's and Justice Act 2009 are Norrie A 'The Coroner's & Justice Act 2009 – Partial Defences to Murder (1) Loss of Control - (2010) Crim LR (4) 275 Mackay RD 'The Coroner's & Justice Act 2009 – Partial Defences to Murder (2) The New Diminished Responsibility Plea - (2010) Crim LR (4) 290 Week 10 - Seminar 8: Homicide 3 – murder and full Defences I (self-defence and mistake). (6 items) Required Reading: (2 items) Criminal law: text, cases, and materials - Jonathan Herring, 2016 Book | Core (Must Read) | pp626-642 (SD); 669 (part)-670 (entrapment); 688 (part)-692 (part) (mistake); 746 Owino (1996) 2 Cr App R 128 Criminal Law Act 1967, s3(1) Criminal Justice and Immigration Act 2008, s76 as amended by the Legal Aid, Sentencing and Punishment of Offenders Act 2012, s148. Williams (Gladstone) [1987] 3 All ER 411 Additional Reading: (1 items) Criminal law: text, cases, and materials - Jonathan Herring, 2016 Book | Recommended (Should Read) | pp 692 (part)-716 (part); 723(part)-731 (a) self-defence (1 items) Owino (1996) 2 Cr App R 128 Martin [2001] EWCA Crim 2245 Hitchens [2011] EWCA Crim 1626 8/24 10/02/21 Criminal Law | University of Kent Oye [2013] EWCA Crim 1725 Keane [2010] EWCA Crim 2514 (b) mistake (1 items) A-G's Reference (No 1 of 1995) [1996] 2 Cr App Rep 320 C/A Williams (Gladstone) [1987] 3 All ER 411 B -v- DPP [2000] 2 A.C.
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