Criminal Laws Materials and Commentary on Criminal Law and Process in NSW

The success of Criminal Laws lies both in its distinctive features and in its appeal to a range of readerships. As one review put it, it is simultaneously a “textbook, casebook, handbook and reference work”. As such it is ideal for criminal law and criminal justice courses as a teaching text, combining as it does primary sources with extensive critical commentary and a contextual perspective.

It is likewise indispensable to practitioners for its detailed coverage of substantive law and its extensive references and inter-disciplinary approach make it a first point of call for researchers from all disciplines.

This fifth edition strengthens these distinctive features. All chapters have been systematically updated to incorporate the plethora of legislative, case law, statistical and research material which has emerged since the previous edition. The critical, thematic, contextual and interdisciplinary perspectives have been continued.

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?

Introduction/ History/ Morality/ Social reaction

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

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

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

Thinking about defences/ The "insanity" defence/ Automatism/ The defence of substantial impairment/ Infanticide/ Intoxication/ Provocation/ Self-Defence/ Necessity/ Duress/ Conclusions

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

Introduction/ The historical development of public order legislation/ Offensiveness, obscenity and vilification/ Presence in public places/ Trespass/ Property damage/ Prostitution

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

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

Introduction/ Attempt/ The time group dimension: conspiracy/ The group dimension: complicity/ Incitement

Introduction/ Justifications for punishment/ confining judicial discretion/ Sentencing methodologies and principles/ Sentencing options/ Escalating imprisonment rates and the "new punitiveness"

Professor David Brown is Emeritus Professor at the University of New South Wales, Sydney, Australia. He has been active in criminal justice movements, issues and debates for three decades and is a regular media commentator.

He has published widely in the field with 30 chapters in books and over 100 articles and conference proceedings published. He has co-authored or co-edited The Prison Struggle (1982); The Judgments of Lionel Murphy (1986); Death in the Hands of the State (1988); Criminal Laws in four editions (1990); (1996); (2001); (2006); Rethinking Law and Order (1998); Prisoners as Citizens (2002); and The New Punitiveness (2005).