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Australian Criminal Law in the Common Law Jurisdictions


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Table of Contents

PART 1 OVERVIEWChapter 1: The Fundamentals of Criminal Law1.1 Introduction1.2 The definition of a crime and justification of the criminal law1.3 The purposes of criminal laws: the connection between crime and punishment 1.4 Sources of criminal law1.5 Criminal capacity1.6 Classification of crimes1.7 A doctrinal framework: general principles of criminal responsibility1.8 Burdens of proofPART 2 HOMICIDEChapter 2:Homicide and Actus Reus2.1 Introduction2.2 The legal reality of homicide2.3 Categories of unlawful homicide2.4 The meaning of `life' and `death'2.5 Actus reus: overview2.6 Voluntariness2.7 CausationChapter 3: Murder and Mens Rea3.1 Introduction3.2 The mens rea element of murder3.3 Intention to kill3.4 Intention to cause grievous bodily harm3.5 Recklessness as to causing death or grievous bodily harm3.6 Constructive murder3.7 Temporal coincidenceChapter 4: Murder: The Doctrines of Provocation and Self-defence4.1 Introduction4.2 The doctrine of provocation4.3 The doctrine of self-defence Chapter 5: Involuntary Manslaughter5.1 Introduction5.2 Relationship between categories of manslaughter5.3 Involuntary manslaughter by unlawful and dangerous act5.4 Involuntary manslaughter by criminal negligence5.5 Statutory homicides parallelling involuntary manslaughter-the instance of assault causing deathChapter 6: Laws of Assault6.1 Introduction6.2 Mens rea of common assault6.3 Actus reus of common assault6.4 Temporal coincidence6.5 Aggravated assault6.6 Consent6.7 Self-defence and provocation6.8 Other offences against the personChapter 7: Sexual Assault7.1 Introduction7.2 The elements of rape at common law7.3 Consent7.4 Mens rea7.5 Indecent assaultPART 4 PROPERTY OFFENCESChapter 8: Theft and Larceny8.1 Introduction8.2 Victoria8.3 South Australia8.4 The common law offence of larceny-New South WalesChapter 9: Deception and Fraud Offences9.1 Introduction9.2 Victoria9.3 South Australia9.4 New South WalesChapter 10: Burglary, Robbery, and Extortion 10.1 Introduction10.2 Burglary10.3 Robbery10.4 Extortion or blackmailPART 5 THE DOCTRINE OF STRICT LIABILITYChapter 11: Offences of Strict and Absolute Liability11.1 Strict liability11.2 The Proudman defence: honest and reasonable mistake 11.3 Absolute liability PART 6 THE INCHOATE OFFENCESChapter 12: Attempt, Incitement, and Conspiracy12.1 Introduction12.2 Attempt12.3 Incitement12.4 ConspiracyChapter 13: Participation in Crime: The Doctrine of Complicity13.1 Introduction13.2 Principal offenders13.3 Liability as an accessory13.4 Common purpose: the scope of the liability 13.5 Accessories after the factChapter 14: The Defences of Compulsion: Duress and Necessity 14.1 Introduction14.2 Duress 14.3 Battered women's syndrome 14.4 NecessityChapter 15: Mental State Defences: Intoxication, Insanity, and Diminished Responsibility 15.1 Introduction15.2 Intoxication 15.3 Insanity15.4 New South Wales-diminished responsibility

About the Author

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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