Some Themes Constituting criminal law/ General principles?/ The criminal process and competing versions of what the law "is"/ Forms of regulation/ The empirical and historical context/ The criminal laws of New South Wales/ Future directions? Criminalisation Introduction/ History/ Morality/ Social reaction The Criminal Process Introduction: Themes/ The ubiquity of discretion/ The two tiers of justice/ The process as punishment/ The adversary system and the (in)visibility of the pre-trial process/ The struggle for visibility in police interrogation, the production of confessions and the question of regulation/ Technocratic justice: the drive for efficiency/ Therapeutic jurisprudence and procedural justice/ Constitutionalism and the criminal process: elements of a "fair trial"/ Internationalism and human rights/ Miscarriages of justice Components of Criminal Offences Introduction/ Actus reus and mens rea/ Actus reus/ Mens rea/ Applying subjective standards/ Strict and absolute liability/ Criminal responsibility and the burden of proof/Criminal activity by groups Homicide: Murder and Involuntary Manslaughter Patterns of homicide/ An atypical or stereotypical criminal offence?/ The legal framework/ Intent and reckless indifference/ Constructive murder/ Manslaughter by unlawful act/ Manslaughter by criminal negligence / Corporate homicide/ Actus reus: Homicide by omission/ Actus reus: Causation/ Medical treatment and euthanasia Defences Thinking about defences/ The "insanity" defence/ Automatism/ The defence of substantial impairment/ Infanticide/ Intoxication/ Provocation/ Self-Defence/ Necessity/ Duress/ Conclusions Assault and Sexual Assault Assault/ The elements of assault/ Consent to harm/ Acceptable violence/ Aggravated assaults/ Patterns of victimisation/ Domestic violence and legal change/ Sexual assault/ Sexual assault: actus reus/ Sexual assault: the mental element/ Indecent assault and act of indecency/ The trial and proving lack of consent/ Child sexual assault Public Order Offences Introduction/ The historical development of public order legislation/ Offensiveness, obscenity and vilification/ Presence in public places/ Trespass/ Property damage/ Prostitution Drugs Offences Identifying the drugs problem/ Drug-related harms/ Harm minimisation policies/ Drug law enforcement/ Elimination at source/ The historical dimension/ The New South Wales law/ The Commonwealth offenses/ Forfeiture/ The prosecution of drug offences/ Limiting demand/ Conclusion Dishonest Acquisition Introduction/ Larceny/ Expanding the scope of property offences/ Summary/ Offenses involving deception/ Crime and business/ Prevention or prosecution?/ Computer-related crime/ Aggravated trepass offences/ Receiving and goods in custody Extending Criminal Liability: Attempt, Conspiracy, Complicity and Incitement Introduction/ Attempt/ The time group dimension: conspiracy/ The group dimension: complicity/ Incitement Sentencing and Penality Introduction/ Justifications for punishment/ confining judicial discretion/ Sentencing methodologies and principles/ Sentencing options/ Escalating imprisonment rates and the "new punitiveness" Acknowledgements/ Table of Cases/ Table of Legislation/ Index.
Criminal Laws : Materials and Commentary on Criminal Law and Process in New South Wales