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The success of Criminal Laws lies both in its distinctive features and in its appeal to a range of readerships. As one review put it, it is simultaneously a “textbook, casebook, handbook and reference work”. As such it is ideal for criminal law and criminal justice courses as a teaching text, combining as it does primary sources with extensive critical commentary and a contextual perspective. It is likewise indispensable to practitioners for its detailed coverage of substantive law and its extensive references and inter-disciplinary approach make it a first point of call for researchers from all disciplines. This fourth edition strengthens these distinctive features. All chapters have been systematically updated to incorporate the plethora of legislative, case law, statistical and research material which has emerged since 2001. The critical, thematic, contextual and interdisciplinary perspectives have been continued. Additions include an overview of current directions in criminal law and process; treatment of anti-terrorism legislation, identity fraud and computer offences; Lavender (manslaughter by criminal negligence and the role of malice); the new offence of reckless conduct causing workplace death; Ostrowski v Palmer (mistake of fact/law); the reintroduction of excessive self defence; new public order, drug, sexual assault and child sexual assault offences; Way and standard non-parole periods; Fardon and the limiting of Kable; and the resurrection of Habitual Offenders legislation. CONTENTSSome ThemesConstituting criminal law/ General principles?/ The criminal process and competing versions of what the law "is"/ Forms of regulation/ The empirical and historical context/ The criminal laws of New South Wales/ Future directions?CriminalisationIntroduction/ History/ Morality/ Social reactionThe Criminal ProcessIntroduction: Themes/ The ubiquity of discretion/ The two tiers of justice/ The process as punishment/ The adversary system and the (in)visibility of the pre-trial process/ The struggle for visibility in police interrogation, the production of confessions and the question of regulation/ Technocratic justice: the drive for efficiency/ Therapeutic jurisprudence and procedural justice/ Constitutionalism and the criminal process: elements of a "fair trial"/ Internationalism and human rights/ Miscarriages of justiceComponents of Criminal OffencesIntroduction/ Actus reus and mens rea/ Actus reus/ Mens rea/ Applying subjective standards/ Strict and absolute liability/ Criminal responsibility and the burden of proof/Criminal activity by groupsHomicide: Murder and Involuntary ManslaughterPatterns of homicide/ An atypical or stereotypical criminal offence?/ The legal framework/ Intent and reckless indifference/ Constructive murder/ Manslaughter by unlawful act/ Manslaughter by criminal negligence / Corporate homicide/ Actus reus: Homicide by omission/ Actus reus: Causation/ Medical treatment and euthanasiaDefencesThinking about defences/ The "insanity" defence/ Automatism/ The defence of substantial impairment/ Infanticide/ Intoxication/ Provocation/ Self-Defence/ Necessity/ Duress/ ConclusionsAssault and Sexual AssaultAssault/ The elements of assault/ Consent to harm/ Acceptable violence/ Aggravated assaults/ Patterns of victimisation/ Domestic violence and legal change/ Sexual assault/ Sexual assault: actus reus/ Sexual assault: the mental element/ Indecent assault and act of indecency/ The trial and proving lack of consent/ Child sexual assaultPublic Order OffencesIntroduction/ The historical development of public order legislation/ Offensiveness, obscenity and vilification/ Presence in public places/ Trespass/ Property damage/ ProstitutionDrugs OffencesIdentifying the drugs problem/ Drug-related harms/ Harm minimisation policies/ Drug law enforcement/ Elimination at source/ The historical dimension/ The New South Wales law/ The Commonwealth offenses/ Forfeiture/ The prosecution of drug offences/ Limiting demand/ ConclusionDishonest AcquisitionIntroduction/ Larceny/ Expanding the scope of property offences/ Summary/ Offenses involving deception/ Crime and business/ Prevention or prosecution?/ Computer-related crime/ Aggravated trepass offences/ Receiving and goods in custodyExtending Criminal Liability: Attempt, Conspiracy, Complicity and IncitementIntroduction/ Attempt/ The time group dimension: conspiracy/ The group dimension: complicity/ IncitementSentencing and PenalityIntroduction/ Justifications for punishment/ confining judicial discretion/ Sentencing methodologies and principles/ Sentencing options/ Escalating imprisonment rates and the "new punitiveness" Acknowledgements/ Table of Cases/ Table of Legislation/ IndexREVIEWSA work that any practitioner in the criminal law field can gainfully read, and this is facilitated by the use of Commonwealth and other State legislation and case law. No doubt a number of the propositions can be challenged but overall it is an excellent reference written in a stimulating fashion.Victorian Bar News The authors must be congratulated ... (they) have undertaken a task which is extraordinarily ambitious in order to provide a much broader insight into the workings and construction of criminal law in our society.Australian Law Librarians' Newsletter This is a most excellent textbook to be recommended for all undergraduate law courses in New South Wales.NSW Law Society Journal The issues raised in this massive work are important and enlightening. [It makes a] valuable contribution to the study and practice of criminal law. Its critical (though somewhat unorthodox) style and thought-provoking comment are bound to make it popular.Victorian Law Institute Journal For the student of law, Criminal Laws is an exciting and challenging introduction to the subject of criminal law and should stimulate debate in the classroom. For the practitioner, it is an excellent reference book providing an accessible resource of materials often ignored through pressure of time and casework.Legal Services Bulletin |
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Published 8 March 2006
Law - Criminal Law & Procedure
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