Landmark Cases in Criminal Law

✍ Scribed by Philip Handler; Henry Mares; Ian Williams (editors)

• Publisher: Hart Publishing
• Year: 2017
• Tongue: English
• Leaves: 377
• Series: Landmark Cases
• Category: Library

✦ Synopsis

Criminal cases raise difficult normative and legal questions, and are often a consequence of compelling human drama. In this collection, expert authors place leading cases in criminal law in their historical and legal contexts, highlighting their significance both in the past and for the present.
The cases in this volume range from the fifteenth to the twenty-first century. Many of them are well known to modern criminal lawyers and students; others are overlooked landmarks that deserve reconsideration. The essays, often based on extensive and original archival research, range over a wide spectrum of criminal law, covering procedure and doctrine, statute and common law, individual offences and general principles. Together, the essays explore common themes, including the scope of criminal law and criminalisation, the role of the jury, and the causes of change in criminal law.

✦ Table of Contents

Acknowledgements
Contents
Notes on Contributors
1. Landmark Cases and Wider Themes in Criminal Law
I. Wider Themes
2. The Carrier's Case (1473)
I. The Mystery: The Facts
II. The Riddle: Why Decide the Case in this Way?
III. The Enigma: The Legal Basis for the Decision
IV. Concluding Remarks
3. R v Saunders and Archer (1573)
I. Saunders' Case: (1) Innocent Agency
II. Saunders' Case: (2) Transferred Malice
III. Archer's Case
IV. Conclusion
4. R v Jones (1703)
I. The Case
II. Williams Hawkins, Jones and the Objective Standard
III. Fraud after Jones
IV. Criminal Law Personified
5. R v Bembridge (1783)
I. Introduction
II. R v Bembridge (1): 'The Great Powell and Bembridge Scandal'
III. R v Bembridge (2): Trial and Defence
IV. From 'Secret Influence' to Double Standards: Burke and Reform
V. Misconduct in High Places, Present and Past
6. R v Shipley (1784)
I. The Background to Shipley's Trial
II. Shipley's Trial
III. Erskine's Motion for a New Trial
IV. Conclusions
7. M'Naghten's Case (1843)
I. Introduction
II. Offence and Trial
III. The M"Naghten Rules
IV. The Longevity of M'Naghten
V. Conclusion
8. R v Flattery (1877)
I. Introduction
II. What Happened Next: 1877 to the Present Day—The History of Deceptive Sex in English Criminal Law
III. The Current Law on Deceptive Sex
IV. The Current Law: An Assessment
V. R v Flattery: A Landmark, a Door or a Floodgate?
VI. Conclusion
9. DPP v Beard (1920)
I. The Crime
II. Trial and Appeal
III. The House of Lords
IV. Effects
10. R v Jordan (1956)
I. The Court of Criminal Appeal and the Facts
II. Legal Process: Trial and Appeal
III. The Case and its Contexts
IV. Causation and the Law
V. Conclusion
11. Shaw v DPP (1961)
I. Introduction
II. The Case
III. The Aftermath
IV. The Issues of Principle
V. Conclusion
12. DPP v Morgan (1975)
I. Introduction
II. The 'Inexorable Logic' of Subjectivism
III. The Transformation of Sexual Offences
IV. Conclusion
13. Whitehouse v Lemon, Whitehouse v Gay News Ltd (1979)
I. The Case
II. Blasphemy before Gay News39
III. Reflections
14. R v Hancock and Shankland (1986)
I. Introduction
II. Procedural Overview
III. The Central Issue
IV. Did the Social and Political Context Affect the Decision?
V. The Faults in Homicide
VI. Conclusion
15. R v Howe (1987)
I. Two 'Truly Horrible Cases'
II. The Law before Howe
III. The Proceedings in Howe
IV. After Howe
16. R v Brown (1993)
I. Introduction
II. The Facts
III. The Court of Appeal
IV. The House of Lords
V. The European Court of Human Rights
VI. Later Cases
VII. What is BDSM?
VIII. Justifications for Restricting Consent in BDSM Cases
IX. Conclusion
Index