Hayes & Eburn criminal law and procedure in New South Wales

Full Title
Copyright
Preface to the Fifth Edition
Table of Flow Charts
Table of Cases
Table of Statutes
Table of Contents
	Chapter 1 General principles
		Definition of crime
		Role of criminal law
			Restraining the state
		Bill of rights
		Burden of proof
		Discretion
		Role of lawyers
		Elements of a crime
			Introduction
			Physical elements
			Fault elements
			Motive
			Coincidence of physical and fault elements
			Special defendants
				Introduction
				Children
				Corporate defendants
			Conclusion
		Strict and absolute liability
		Conclusion
		Discussion questions
	Chapter 2 Murder
		Introduction
		MCCOC on murder and manslaughter
		Murder in New South Wales
		Elements of murder
			Physical elements
				Act or omission
				Culpable omissions
			Causation
				Intervening acts and events
				Voluntary act of the deceased
				Pre-existing susceptibility
				Death of a living person
			Fault elements
				Reckless indifference to human life
				Intention to kill
				Intention to cause grievous bodily harm
				Constructive murder
				The fault element in constructive murder
				The requirement of malice
		Conclusion
		Discussion questions
	Chapter 3 Voluntary manslaughter
		Introduction
		Extreme provocation
			Introduction
			The two-part test
				Loss of control after sustained period of abuse
				Ordinary person test
			Intoxication and extreme provocation
			Words as provocative conduct
			Presence of the accused
			Third party conduct
			Self-induced provocation
			Mistake
			Withholding provocation from the jury
			Proportionality not required
			Abolition of provocation
		Substantial impairment by abnormality of mind
		Excessive self-defence
		Infanticide
		Discussion questions
	Chapter 4 Involuntary manslaughter
		Introduction
		Two forms of involuntary manslaughter
		Unlawful and dangerous act manslaughter
			Elements of unlawful and dangerous act manslaughter
				Unlawful and dangerous act
			Unlawful otherwise than as breach of statutory or regulatory provision
			Burden on Crown to prove death caused by unlawful act
		Manslaughter by criminal negligence
			Manslaughter by negligent act
			Manslaughter and malice
			Manslaughter by negligent omission
		Where there is an unexpected incident in carrying out a common design
		Assault causing death
		Culpable killing
		Discussion questions
	Chapter 5 Non-fatal offences against the person
		Introduction
		Assault
			Elements of assault
				Physical elements of assault
				Fault element of assault
				Stalking, intimidation and domestic violence
		Battery
			Physical elements of battery
			Fault element of battery
		Aggravated assaults
			Wounding
			Grievous bodily harm
		Assault and battery summarised
		Consent
			Limits of consent
			Sexually transmitted diseases and consent
			Consent reviewed
		Discussion questions
	Chapter 6 Sexual offences
		Introduction
		Statutory and common law framework
			Statutory framework
			Intention and recklessness, capacity and consent, knowledge and mistake
		Sexual assault
			Introduction
			Physical elements
				Act of sexual intercourse
				Without consent
			Fault elements
				Knowledge of and recklessness as to consent
				Non-advertent recklessness
				Advertent recklessness
				Honest but unreasonable belief in consent
				Negation of consent
				Consent in relation to offences of attempted sexual assault
				Grounds to establish absence of consent
		Indecent assault and act of indecency
			Indecent assault
			Act of indecency
				Act of indecency as an element of indecent assault and as a separate crime
				Act of indecency towards another person
			Fault element for indecent assault
		Child sexual assault
		Special evidentiary and procedural rules applying in sexual assault trials
		Discussion questions
	Chapter 7 Stealing and other property offences
		Introduction
			History of larceny
		Larceny
			Punishment under the Crimes Act
			Elements of larceny
			Concept of property
			Physical elements of larceny
				Taking and carrying away
				Something capable of being stolen
				In someone’s possession whether or not the owner
				Without the consent of the person in possession
			Fault elements of larceny
				Intention to deprive the owner of property in the thing
				Fraudulently and without honest claim of right
				Finding and larceny
				Mistake and the requirement of coincidence between physical and fault elements
				Larceny by a trick
		Statutory offences
			Introduction
			Larceny by bailee
			Fraudulent appropriation
			Embezzlement
			Statutory fraud offences of Part 4AA
		Alternative verdicts in cases of dishonest acquisition
		Other property offence categories
		Discussion questions
	Chapter 8 Mental illness, voluntariness, automatism and intoxication
		Introduction
		Mental illness
			M’Naghten’s Rules
			Substantial impairment by abnormality of mind
			Fitness to be tried
		Voluntariness and automatism
			Introduction
			Voluntary act
			Non-insane automatism
			Commentary on automatism
		Intoxication
			Introduction
			Common law background
			Part 11A of the Crimes Act
			Intoxication and attempted offences of specific intent
			Intoxication and mental illness
		Discussion questions
	Chapter 9 Duress, necessity and self-defence
		Introduction
		Duress
			Introduction
			Elements of duress
			Would a reasonable person have acted as the accused did?
			Is an act done under duress a ‘voluntary’ act?
			Duress, murder and constructive murder
		Necessity
			Elements of necessity
			Necessity and murder
			Necessity and abortion
		Self-defence
			Common law background
			Legislative statement of self-defence
			Elements of self-defence
			Excessive force that inflicts death
			Response to lawful conduct or non-criminal conduct
			Defence of others and defence of property
		Defences to non-fatal offences
		Discussion questions
	Chapter 10 Attempt, conspiracy and complicity
		Introduction
			Inchoate terrorism crimes
		Attempt
			Introduction
			Common law on attempt
			Elements of attempt
				Physical element of attempt
				Impossibility
				Fault element for attempt
		Conspiracy
			Introduction
			Physical and fault elements for conspiracy
				Agreement
				Impossibility of carrying out the agreement
				Fault element of agreement
			Intention that an offence be committed
			Conspiracy to commit a crime of recklessness
		Complicity
			Introduction
			Statutory provisions relating to complicity
			Principal in the first degree
				Joint criminal enterprise
				Innocent agents
			Principal in the second degree
			Accessory before the fact
		Joint criminal enterprise
			Introduction
			Scope and application of joint criminal enterprise
			Extended common purpose
			Constructive murder and joint criminal enterprise
			Manslaughter from participation in a joint criminal enterprise
		Withdrawal from complicity
			Requirements for withdrawal
		Accessory after the fact
			Introduction
			Physical element for accessory after the fact
			Fault element for accessory after the fact
			Misprision of felony
		Discussion questions
	Chapter 11 Criminal procedure and evidence — Part 1 Investigation, arrest and bail
		Introduction
		Overview of criminal procedure
		Detecting the offence
			Investigating an alleged offence — power to stop and search without warrant
			Reasonable suspicion
			Investigation with warrant
			Search warrants
				Issuing a warrant
				Powers and responsibilities under a warrant
				Nature of search warrants and obligations of issuing justice
			Entry for investigation without warrant
			Expanding powers
		Commencing proceedings
			Arrest without warrant
			Arrest with warrant
			Definition of arrest
			Statement of reason for arrest
			Entry into premises to effect an arrest
			Force used against a person to effect an arrest
			Purpose of arrest
			Search incidental to arrest
			Detention for further investigation after arrest
		Search, identification and collection of forensic examples after arrest
			Search
			Medical examinations
			Collection of forensic samples
			Fingerprints and photographs
			Rights of accused
				Protections at the police station
				Release or bail
		Bail
			Nature of bail
			Bail Act 2013
			Making bail decisions
				Considerations for bail (Bail Act 2013 (NSW) s 16))
				Bail conditions
				Refusing bail or bail conditions cannot be met
				Period of bail
				Varying bail
				Failure to comply
		Conclusion
		Discussion questions
	Chapter 12 Criminal procedure and evidence — Part 2 Trial, admissions, sentence and appeal
		Introduction
		Penalty notice matters
		Court hearings
			Summary matters
			Return first date
			Plea of guilty
			Plea of not guilty — brief to be served
			Ex parte hearings
			Hearing of the matter
			Indictable matters
				Committal proceedings
				Presentation of the indictment
				Plea
				Pre-trial disclosure
			Arraignment
		Criminal trial
		Sentencing
			Principles
			Statutory framework
			Maximum penalties
			Non-custodial options
				Community service orders
				Good behaviour bonds
				Find the offence proved but take no action
				Deferral of sentence for rehabilitation
				Fines
				Diversion of offenders
				Suspended sentence
			Custodial orders
				Compulsory drug treatment detention
				Home detention
				Intensive correction
				Full-time custody and parole
				Life sentence
		Appeals
			Appeal against sentence
			Power of the Court of Criminal Appeal
			Petition to the Governor based upon fresh evidence following final appeal
			Rule against double jeopardy — autrefois convict and autrefois acquit
		Aspects of evidence
			Evidence Act 1995 (NSW)
				Admissions and confessions
				Illegally or improperly obtained admissions
				Fabricated confessions — common law
			Modern statutory scheme
			Criminal Procedure Act 1986 s 281 and Evidence Act 1995 s 86
				Evidence Act 1995 s 84
				Evidence Act 1995 s 85
				Evidence Act 1995 s 137
				Discretionary exclusion
				Evidence Act 1995 ss 138 and 139
				Evidence Act 1995 s 90
		Right to silence
		Conclusion
		Discussion questions
Index