Table Of ContentFrom the creators of the UK’s
bestselling revision series.
‘Revising with this series is like having a tutor there [...],
explaining not only what needs to be included in
answers, but more importantly, why.’ C
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Mariette Jones, Senior Lecturer in Law, Middlesex University
I
M
I
N
Maximise your marks for every answer you write with Law Express
A
Question Answer. This series is designed to help you understand what
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examiners are looking for, focus on the question being asked and make
even a strong answer stand out. L BEST
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> See how an expert crafts Answers to 50 questions on Criminal Law.
> UNDERSTAND WHAT EXAMINERS WANT REVISION
> Discover why elements of the answer have been included and how 3 > MAXIMISE YOUR MARKS AT EVERY STEP SERIES
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they relate back to the question in accompanying Guidance. ed > ANSWER QUESTIONS WITH CONFIDENCE
> Plan answers quickly and effectively no matter what your learning ition
style using Answer plans and Diagram plans.
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> Gain even more marks with tips for advanced thinking in Make your ON
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answer stand out. G CRIMINAL LAW
H
A
> Avoid common pitfalls with Don’t be tempted to. N
> Hone your exam technique further through a wealth of additional exam
support on the Companion website, including Practice questions and 3rd edition
You be the marker exercises. Visit www.pearsoned.co.uk/lawexpressqa
£12.99 NICOLA MONAGHAN
‘This series has boosted my grades in essay writing. I will recommend it to others.’
Mustaiza Choudary, UK law student
Nicola Monaghan is Principal Lecturer
www.pearson-books.com
in Law at GSM London.
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CRIMINAL LAW
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Develop your legal skills
9781408226100 9781447905141
New
edition
9781408261538 9781447922650
Written to help you develop the essential skills needed to succeed
on your course and prepare for practice.
Available from all good bookshops or order online at:
www.pearsoned.co.uk/law
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Law_Exp_Page_ii_Skills_Advert.indd 1 17/10/2013 11:48
CRIMINAL LAW
3rd edition
Nicola Monaghan
Principal Lecturer in Law, Barrister, FHEA
GSM London
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Pearson Education Limited
Edinburgh Gate
Harlow CM20 2JE
United Kingdom
Tel: +44 (0)1279 623623
Web: www.pearson.com/uk
First published 2012 (print and electronic)
Second edition published 2014 (print and electronic)
Third edition published 2016 (print and electronic)
© Pearson Education Limited 2012, 2014, 2016 (print and electronic)
The right of Nicola Monaghan to be identified as author of this work has been asserted by her in accordance
with the Copyright, Designs and Patents Act 1988.
The print publication is protected by copyright. Prior to any prohibited reproduction, storage in a retrieval system,
distribution or transmission in any form or by any means, electronic, mechanical, recording or otherwise,
permission should be obtained from the publisher or, where applicable, a licence permitting restricted copying
in the United Kingdom should be obtained from the Copyright Licensing Agency Ltd, Saffron House, 6–10 Kirby
Street, London EC1N 8TS.
The ePublication is protected by copyright and must not be copied, reproduced, transferred, distributed, leased,
licensed or publicly performed or used in any way except as specifically permitted in writing by the publisher,
as allowed under the terms and conditions under which it was purchased, or as strictly permitted by applicable
copyright law. Any unauthorised distribution or use of this text may be a direct infringement of the author’s and
the publisher’s rights and those responsible may be liable in law accordingly.
Contains public sector information licensed under the Open Government Licence (OGL) v3.0.
www.nationalarchives.gov.uk/doc/open-government-licence.
Pearson Education is not responsible for the content of third-party internet sites.
ISBN: 978-1-292-06735-3 (print)
978-1-292-06737-7 (PDF)
978-1-292-06738-4 (ePub)
978-1-292-06739-1 (eText)
British Library Cataloguing-in-Publication Data
A catalogue record for the print edition is available from the British Library
10 9 8 7 6 5 4 3 2 1
19 18 17 16 15
Front cover bestseller data from Nielsen BookScan (2009–2013, Law Revision Series).
Print edition typeset in 10/13 pt Helvetica Neue LT Pro by 71
Print edition printed and bound in Malaysia
NOTE THAT ANY PAGE CROSS REFERENCES REFER TO THE PRINT EDITION
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Contents
Acknowledgements vii
What you need to do for every question in Criminal Law viii
Guided tour x
Guided tour of the companion website xii
Table of cases and statutes xiii
Chapter 1: Actus reus and mens rea 1
Chapter 2: Murder 35
Chapter 3: Voluntary manslaughter 47
Chapter 4: Involuntary manslaughter 65
Chapter 5: Non-fatal offences against the person 87
Chapter 6: Sexual offences 109
Chapter 7: Theft 127
Chapter 8: Other property offences 151
Chapter 9: Offences under the Fraud Act 2006 167
Chapter 10: Defences 179
Chapter 11: Inchoate offences 213
Chapter 12: Accessorial liability 233
Chapter 13: Mixed questions 249
Bibliography 269
Index 275
v
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Supporting resources
Visit the Law Express Question&Answer series companion website at
www.pearsoned.co.uk/lawexpressqa to find valuable learning material
including:
■ Additional essay and problem questions arranged by topic for each chapter
give you more opportunity to practise and hone your exam skills.
■ Diagram plans for all additional questions assist you in structuring and writing
your answers.
■ You be the marker questions allow you to see through the eyes of the examiner
by marking essay and problem questions on every topic covered in the book.
■ Download and print all Before you begin diagrams and Diagram plans from
the book.
Also: The companion website provides the following features:
■ Search tool to help locate specific items of content.
■ Online help and support to assist with website usage and troubleshooting.
For more information please contact your local Pearson sales representative or
visit www.pearsoned.co.uk/lawexpressqa
vi
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Acknowledgements
I would like to thank the anonymous reviewers, both academics and students, who have
provided feedback on the book during the writing process. I would also like to thank
Hannah Marston at Pearson Education for her support with writing the third edition of the
book. This book is dedicated to my students, past and present.
Nicola Monaghan
GSM London
Publisher’s acknowledgements
Our thanks go to all reviewers who contributed to the development of this text, including
students who participated in research and focus groups which helped to shape the series
format.
vii
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What you need to do
for every question in
Criminal Law
HOW TO USE THIS BOOK
Books in the Question and Answer series focus on the why of a good answer alongside
the what, thereby helping you to build your question answering skills and technique.
This guide should not be used as a substitute for learning the material thoroughly, your
lecture notes or your textbook. It will help you to make the most out of what you have
already learned when answering an exam or coursework question. Remember that the
answers given here are not the only correct way of answering the question but serve
to show you some good examples of how you could approach the question set.
Make sure that you refer regularly to your course syllabus, check which issues are
covered (as well as to what extent they are covered) and whether they are usually
examined with other topics. Remember that what is required in a good answer could
change significantly with only a slight change in the wording of a question. Therefore,
do not try to memorise the answers given here, instead use the answers and the other
features to understand what goes into a good answer and why.
This book is intended to serve as a companion guide to supplement your study of Criminal
Law. In addition to reading your main textbook, you should refer to this book for guidance
on how to answer exam questions on Criminal Law. Both essay-style questions and
problem scenarios on all the commonly assessed topics are covered in the book. As you
read through the book, you should remember that each ‘answer’ given here is only one of a
possible range of answers which could be given. These are by no means the ‘right answer’
but merely serve to demonstrate one possible approach to a question.
There are certain issues which should usually be addressed in every answer to a problem
question on Criminal Law. First, you will need to identify the relevant offences which may
viii
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WHAT YOU NEED TO DO FOR EVERY QUESTION IN CRIMINAL LAW
have been committed in the scenario. Secondly, you will need to break down the offence
into its actus reus and mens rea elements, and finally, you should apply the legal principles
relating to these elements to the question. If a question involves identifying a defence, you
should, similarly, break down and apply the elements of that defence to the question. You
should adopt this logical structure for most answers to problem questions, and you will
notice that this is the structure adopted throughout the book. Different skills are involved in
answering essay questions on Criminal Law. You will need to identify the relevant issue that
the question is addressing and provide a critical evaluation of the issue.
You will notice that the citations of cases have been included in the answers the first time
the case is mentioned. In most institutions, you will not be expected to remember the
citations of cases for the exam. However, you should check with your Criminal Law tutor
to find out whether you are expected to know the dates of the cases.
ix
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