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CR IMINA L
LAW
Text, Cases, and Materials
FIFTH EDITION
Jonathan Herring
1
3
Great Clarendon Street, Oxford, OX2 6DP,
United Kingdom
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It furthers the University’s objective of excellence in research, scholarship,
and education by publishing worldwide. Oxford is a registered trade mark of
Oxford University Press in the UK and in certain other countries
© Oxford University Press 2012
Th e moral rights of the author have been asserted
First Edition copyright 2004
Second Edition copyright 2006
Th ird Edition copyright 2008
Fourth Edition copyright 2010
Fift h Edition copyright 2012
Impression: 1
All rights reserved. No part of this publication may be reproduced, stored in
a retrieval system, or transmitted, in any form or by any means, without the
prior permission in writing of Oxford University Press, or as expressly permitted
by law, by licence or under terms agreed with the appropriate reprographics
rights organization. Enquiries concerning reproduction outside the scope of the
above should be sent to the Rights Department, Oxford University Press, at the
address above
You must not circulate this work in any other form
and you must impose this same condition on any acquirer
Public sector information reproduced under Open Government Licence v1.0
(http://www.nationalarchives.gov.uk/doc/open-government-licence/open-government-licence.htm)
Crown Copyright material reproduced with the permission of the
Controller, HMSO (under the terms of the Click Use licence)
British Library Cataloguing in Publication Data
Data available
Library of Congress Cataloging in Publication Data
Data available
ISBN 978–0–19–964625–8
Printed by Ashford Colour Press Ltd, Gosport, Hampshire
For Kirsten, Laurel, Joanna, and Darcy
NEW TO THIS EDITION
Key revisions in the 5th edition include—
• A discussion of the law on omissions aft er R v Evans
• Detailed examination of the new defence of loss of control
• A reworked chapter on the law of accessories
• Th e new law on diminished responsiblity
• A new section on emotional harms
• Developments in the law on fraud
• Recent case law on self-defence
PREFACE
Usually, students greatly enjoy criminal law. Th e facts of the cases are readily understand-
able and provide a revealing insight into the bizarre and grotesque. But many students miss
out on the intellectual fascination that the subject has to off er. Th is is in part because much
of the theoretical material on criminal law has been presented with such sophistication that
it is inaccessible to students. It is one of the primary aims of this book to make the theoretical
material on criminal law more readily comprehensible to undergraduates. Th erefore, each
chapter (apart from the fi rst) has two parts. Th e fi rst part sets out the law, with extracts from
the leading cases. Th e second part describes some of the theoretical material, extracting
some of the writing from leading commentators. Th e hope is that the reader will have a sec-
ure grasp of the law itself, but also an introduction to the complex philosophical and ethical
debates concerning criminal law.
Th e selection of materials in books of this kind is far harder than might be thought. Th e
articles and books which might be the leading authorities on the topics are sometimes not
readily susceptible to having short passages extracted. I have therefore included throughout
the book suggestions for further reading. Th ese will enable a reader who wishes to pursue a
particular issue in further detail to do so.
Th e book seeks to set out the law at 1 September 2011.
Jonathan Herring
Exeter College, Oxford
AUTHOR’S APPROACH
Two part chapter structure
Th is book takes a unique approach to the study of criminal law. Each chapter is split into two
parts. Th e fi rst part looks at what the law actually is at the moment—the ‘black letter’ law—
and provides many extracts from key cases. Th e second part looks at the theory behind the
law, analyses the law, and provides critical and analytical extracts from secondary sources,
including articles and books.
Cross-references
In order to relate the black letter part of each chapter to the theoretical part, the author
has provided clear cross-references throughout the text. Th ese are indicated in the text by
the use of arrows with numbers to help you fi nd the corresponding reference, for example,
→1 and ←1. Th erefore, when studying the black letter law, readers can refer forwards in the
chapter to the theoretical discussion of this aspect of the law, and vice versa by fi nding the
corresponding number.
Central issues
At the start of each chapter, the author has provided a list of the central issues that will be
covered, outlining the major areas of discussion and issues within each topic.
Further reading
Th e author has provided lists of further reading interspersed throughout the text so that
readers can quickly and easily locate relevant additional sources on particular aspects
of law.
Defi nitions
Defi nitions of key legal terms and concepts are provided and highlighted throughout the
text.
Questions and examination tips
Questions both to test the reader’s understanding of the actual law, as well as more theoret-
ical questions, are included throughout each chapter. Examination tips are also provided,
including resources such as fl owcharts to help determine what sort of crime has been com-
mitted, and guidelines on approaching specifi c questions or scenarios.
author’s approach | ix
Online resources
Th is book is accompanied by an Online Resource Centre at www.oxfordtextbooks.co.uk/
orc/herringcriminal5e/. Th is provides regular updates to the law following publication—a
particularly important resource in this fast-moving area. A selection of key annotated web
links is also off ered, guiding readers towards useful websites, along with online guidance on
answering a selection of the questions posed in the text. Questions with online guidance are
highlighted in the text by the following: ‘For guidance on answering this question, please
visit the Online Resource Centre that accompanies this book: www.oxfordtextbooks.co.uk/
orc/herringcriminal5e/’. In addition to this, a test bank of interactive multiple choice ques-
tions is provided as a lecturer resource.
Finally, there is a video of the author talking about the study of criminal law and his
approach to the subject.
