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Preface
This book offers you a fascinating insight into the world of criminal law, a world with which you may
already be familiar. Crime thrillers, films or novels can tell us a good deal about criminal minds and
detective work. Television dramas may follow the day-to-day lives of busy barristers and solicitors.
Some real-life criminal trials have been televised and investigations have been undertaken into how
juries work. Rarely a day passes without a criminal news story, whether international, national or
local. Crime is always in the public domain. But the detail of the criminal law itself receives little
attention. Strangely, despite our familiarity with the world of criminal justice, the law itself can be a
mystery.
In this book you will find the law clearly explained, so that you can get to know what lies be-
hind the news, novels and dramas. You’ll be amazed at the diverse ways people find to break the
law, and the arguments they use to defend themselves. During your studies, you will discover
the principles and structure of criminal law, what you have to do to commit a crime, with what
state of mind, and when you might be entitled to a defence. You will also be guided on how to
apply the law to typical criminal law questions so that you can be ready for that final assessment
which comes around all too soon.
The book takes the form of most criminal law courses: fundamental principles such as the
conduct and mental element (known as actus reus and mens rea) followed by defences and then
the major offences. One diversion occurs in that homicide is placed in the middle of fundamen-
tal principles so that at an early stage you can understand this important offence which is the
focus of so many of the central principles of criminal liability. The law is explained on a step-by-
step basis so that by the end of each chapter you will have fully understood the structure and law
of each topic. This gradual progression is achieved through:
■ Clear and straightforward narrative
■ Explanation of all legal concepts
■ Extracts from leading cases and a selection of academic articles
■ Point-by-point explanation of judgments in the ‘note’ section
■ Explanation and straightforward questions on academic articles where relevant
■ Development of case analysis in the text
■ Examples of complex legal points
■ Diagrams
■ Summaries of the law
■ Explanation and regular updating of the law on the accompanying website.
Without further explanation, the book would appear to be a rather remote mass of informa-
tion interspersed with many curious cases. But criminal law is relevant to all of our lives in many
different ways. Therefore, discussion of the context in which the law operates is a special feature
of the book. Law does not exist in isolation from you or your social, moral, economic, historical
or political environment. Rather, it is a product of them. By relating underlying legal principles
to the world in which we live you will acquire a deeper understanding of the reason for law being
the way it is.
A significant part of the study of any law is to be able to step back and ask whether it is logical
or is fit for its intended purpose. The criminal law is no different. Does this case or that principle
viii Preface
make sense? Is it consistent with developments in that or other areas? Consideration of academic
opinion and reform proposals published by the Law Commission can be particularly helpful
in this respect. Being alive to relevant contradictions and adopting a critical and questioning
attitude to your studies will foster greater interest and depth of understanding. If you follow the
guidance offered in these pages, there is no reason why criminal law should be as daunting and
formidable as it is to those who find themselves caught up in the criminal justice system!
You will find new cases referred to in this edition as well as some new extracts from academic
books and journals. As always, several aspects of the book have been thoroughly revised.
We have enjoyed writing our second edition as joint authors. Janet, our much-missed friend
and colleague, sadly passed away in 2016. Her practical and contextual approach to teaching
criminal law was well known to her colleagues and students and we are sure it will be appreciated
by readers of this book. We are proud to follow in her footsteps and have tried to preserve her
original approach as far as possible.
Our special thanks to our editor, Jessica Lehmani, and to the whole OUP production team
who have made working on this seventh edition such a pleasure. Responsibility for all errors and
omissions are ours alone.
We hope you enjoy your study of criminal law and bear it in mind for your future careers. As
criminal offences continue to grow in number and complexity, never has there been such a need
for good criminal lawyers who, incidentally, are never likely to be short of work.
The law is correct as at November 2019.
INTRODUCTION
Complete Criminal Law: Text, Cases, and Materials includes a number of different features that have been carefully
designed to enrich your learning and help you along as you develop your understanding of criminal law.
1.1 What is Crime?
1.1.1 Traditional Theory: Harm to Others
1.1.2 Harm to Oneself
1.1.3 Politicisation
1.1.4 Contemporary Theories of Criminal Law
1.1.5 The Need for Minimal Criminalisation—Are There Too Many Crimes?
1.1.6 Punishment
KEY CASES Key cases Helpful lists of the really key cases at the begin-
DPP v Woolmington [1935] AC 462—the burden of proof is on the prosecution. ning of each topic highlight those extracts that you should pay
special
Any criminal law textbook will explain the principles and structure of criminal law attention to.
and examine
the major offences. This book is no different. We hope, though, that by relating the law to its
broader context wherever possible, you will understand how the law ‘lives and breathes’ and that
it is not an abstract concept.
Some of the questions thrown up by the case law in these pages concern matters which might
affect any of us. For example, do you commit a crime by failing to rescue a stranger in danger?
Should you? Is it a crime to exaggerate your qualifications when seeking employment? Do you
commit a crime by lying to obtain your partner’s consent to sex? What if you conceal the fact
that you have HIV? Can you steal something that has been lawfully given to you? When will
medical accidents result in manslaughter? Will you be guilty of murder if you are in a group fight
and someone suddenly kills? If you are in a gun-fight (we sincerely hope you never will be), and
PRESUMPTION OF INNOCENCE AND THE BURDEN WHATOF PROOF
IS CRIME? 13
7
your opponent kills a passer-by, will you be convicted of murder? Do you commit a crime by
consensually branding your partner’s bottom with your initials and infection sets in? (This is an
actual case, not
LCour
THINKING
Lord Sankey imagination!)
in thePOINT
House 1.1
Thinking points Why was a certain decision reached in
You may think you would never end up at the wrong end of
of Lords:
a particular case? Is D guilty of murder or manslaughter in
the criminal law but look at the following cases which have occurred in recent years.
If at any period of a trial it was permissible for the judge to rule that the prosecution had established
Do
■itsyou
Acasethink
schoolboythethe
and that lawonus
agedshould
14was be
sent aconcerned
naked
shifted withofwhat
image
on the prisoner we do
himself,
to prove with
taken
that our
hein
washisown bodies
bedroom,
not guilty, andor with
tothat,
a girl at the following examples? Regular thinking points throughout
whom?
unless he discharged
school by mobilethat onus, theShe
telephone. prosecution
saved itwas
on entitled to succeed,
her mobile it would
and sent it onbetoenabling the The
her friends.
judge
Should
in such
offence
the law ofamaking
case to say
prohibitand
thatdistributing
the jury mustainself-generated
self-harm?
law find the prisonerexplicitguiltyimage the text encourage you to pause and reflect on the key issues.
and sosent
make tothe judge
other people
decide the case and not the jury, which is not the common law. It would be an entirely different case
Shouldover
from those
the internet
law exceptional was
play a role instances then recorded
in the enforcement against him
of morality?
of special verdicts
by the police Guidance on answering each one of these questions can be
(contrary to
where a judge asks the jury to find certain facts
s1 Protection
of Children Act 1978 and the Criminal Justice Act 1988). It was not well-known that this
and directs
What
was an
of such
them that
is the point
offence.
special
of an onunenforceable
such facts the prosecution
law?
(www.bbc.co.uk/news/uk-34136388,
verdicts shows that it is not till the end of the evidence 3 September found in the online resources.
is entitled to succeed. Indeed, a consideration
2015). can properly
that a verdict
WHAT IS CRIME? 5
Isbe
it morally right to disobey laws which infringe
found and that at the end of the evidence it is not for the our privacy?
prisoner to establish his innocence, but
one has to ask whether it is essential that regulatory standards be enforced by the criminal law
for the prosecution to establish his guilt. Just as there is evidence on behalf of the prosecution so
as opposed to civil law orders, injunctions and awards of compensation. This is particularly so in
there may be evidence on behalf of the prisoner which may cause a doubt as to his guilt. In either
view case,
of J.S.heMill’s requirement
is entitled to the benefit thatofharm needs
the doubt. Buttowhile
be serious before criminal
the prosecution must prove sanctions
the guilt ofshould
the be
imposed.
prisoner,
The theories However,
there
of criminalthesuch
is no notion
lawburden thatlaid
discussed regulatory
on
inthe offences
prisoner
1.1.4 seek to are not
toprove ‘real that
his innocence,
demonstrate crimes’andsometimes
harm it is
issufficient
a socially,involves
formor-
aally
value-laden
him to raisejudgement:
and politically a doubt as to his guilt; he is not bound to satisfy the jury of his innocence . . .
relative concept.
Throughout the web of the English criminal law one golden thread is always to be seen –that it is the
duty of the prosecution to prove the prisoner’s guilt subject to what I have already said as to the defence
EXAMPLEand subject Examples Short, fictional examples of how the law would be
1.1.4 Contemporary Theories of Criminal Law
of insanity 1.1 also to any statutory exception. If, at the end of and on the whole of the case,
there is a reasonable doubt, created by the evidence given by either the prosecution or the prisoner, as to
whether the prisoner killed the deceased with a malicious intention, the prosecution has not made out applied in certain situations illustrate the practical application
Feminist
You
the might
critique
case andassume thatisan employer who pays her cleaner in charge
cash to or avoid paying £50
VAT, a critique
white-collar
the prisoner
crime,
entitled
should
to an acquittal. No matter what the
of what you are learning.
where the trial, the
principle
Feminist that theofprosecution
the criminal lawbehas
must prove able
the toofget
guilt
focused theonawaythewith
prisoner it.
is part
fact ofBut
that the few
common
the would
cultural,law doubt
of England
historical thatand
and no
the arena
cleanerattempt to whittle it down can be entertained. When dealing with a murder case the Crown
moral in who
which steals
law £50 fromisher
operates employer
male. The law’s should be prosecuted
underlying values and in court. Do you are
assumptions
must prove
agree? Why?and (a) death as the result of a voluntary act of the accused and (b) malice of the accused. It
therefore male are not gender-neutral or pluralistic. It is in the realm of violence and defenc-
may prove malice either expressly or by implication. For malice may be implied where death occurs
es that
as we
the see
resultthisof most acutely.
a voluntary actK.of O’Donovan,
the accused which ‘Defences for Battered
is (i) intentional andWomen Who Kill’
(ii) unprovoked. When, (1991)
18 Journal
evidence of ofLaw & Society
death and malice 219: has been given (this is a question for the jury) the accused is entitled
Moralism
to show by evidence or by examination of the circumstances adduced by the Crown that the act
Violence and fear have a relationship to gender. When these matters come to court other cultural
on his part which caused death was either unintentional or provoked. If the jury are either satisfied
factors
Should withtheenter in through
his criminal
explanation law the
or, law. aDefinitions
control
upon individual
review of defences
of all morality?
the areItinformed
evidence, is true
are byreasonable
left into the
say past
thathistory
doubtof
mainstream homicide
whether, moral
andeven
attitudes its are
character
generally
if his as primarily
explanation upheld be not a male
by act. There
the law.
accepted, The
the gender
actis was aspects
a view, are rarely
however,
unintentional that
or articulated.
the courts
provoked, theLaws
shouldare retain
prisoner made
is a CROSS-REFERENCE
by entitled
residualjudges
powerand
to be legislators
to control moral
acquitted. who
Appeal are mainly
issues by drawn
allowed. the fromadded.]
criminal
[Emphasis one
law,gender
physicalandharm whoseorexperience
not. Moralism is limited.
there- For a discussion of the
When
fore womenthe
challenges do kill after experiencing
limitations of the harm violence they enter
principle. Both an alien culture
approaches arewhich
apparentlacksinanrelation
under- to defence of consent see
thestanding
defenceofofthe contextconcerning
consent of their act. violent
They encounter
offences.legal categories that do not accommodate their Chapter 10, 10.6.
behaviour
The and are
moralistic ‘tried and
approach is sentenced by courts
more explicitly that ignore
applied to theorcommon
misunderstand their actions
law offence and
of outraging
NOTE
motivations’ . 1.1
public decency. But the courts’ role as custodians of public morality was less disguised 30 or so
Notes Figuring out exactly what the significance of a long
years
Until ago. Conspiracy
relatively recently, to many
corrupt public were
defences morals and on
based conspiracy to outrage man’
what a ‘reasonable publiccase
decency
might report That or judgment is can be tricky. These short bullet-
do. were
judicially created
1. Thehasstandard offences
of proof inonthethe
1970s
the to criminalise
to prosecution and censure
is to‘person’
prove guilt publications
but, ‘beyond all see, concerning
reasonable isdoubt’ pros-
. CROSS-REFERENCE
language
titution (Shaw
sometimes
v DPP
yielded reasonable as we shall
v DPP [1973] point
there stillsections
some follow the longer extracts in the book, and pull
way toIngo other
to say that it[1962]
words, the HL AC 220)
magistrates
comprehensively andmust
or jury homosexuality
includes be sure
the (Knuller
of the
reasonable defendant’s
woman. guilt. AC 435) at a Article 7 ECHR on retro-
time2. when
You The neither
maydefendant
remember activity
the was
does not against
have
appointment theoflaw.
to prove This
innocence
Lady would
Justice andnow be contrary
is entitled
Hale, then thetoonly outjudge
tofemale
Article
a presumption 7 the
ECHR
of inin-keyon points
the spectivity is that
discussedyou need to take from your reading of
the grounds
nocence of retrospectivity.
until proven ButIn
guilty. the moralistic
other words, approach
the continues
defendant hasin to
the be2017.
evident,
benefit ofShe
theparticularly
repeat- in 1.6. See 1.1.2 for
doubt.
Supreme
in relation
Court,
to
as the
harm
first woman
cases involving
President
self-harm.
of the
One
Supreme
might
Court
put the
July
example of the
the extract.
has
14-year-old harm cases involving
edly emphasised the need for greater diversity in the judiciary (www.bbc.co.uk):
sexting schoolboy described at the beginning into this category. self-harm.
I do not think I am alone in thinking that diversity of many kinds on the bench is important for a great
Flowing from the presumption of innocence are several other important constitutional protec-
many reasons, but most of all because in a democracy which values everyone equally, and not just the
The
tions Wolfenden
for the defendant: Committee Report
the right to silence onprivilege
and the Prostitution
against self-incrimination. These are
privileged and the powerful, it is important that their rights and responsibilities should be decided by
and
now Homosexual
protected by ArticleOffences
6(2) ECHR1957 which embodies fundamental fair trial rights.
a judiciary which is more reflective of the society as a whole, and not just a very small section of it.
The right to silence implies that the accused does not need to assist the state to prove its case. It
Shaw
has
While onlyKnuller
and
symbolic 32 perfollowed
cent ofinacourt
significance major review
confirming
judges inofpresumption
the prostitution
England and ofand homosexuality
innocence
Wales by the
and placing
are women, that theWolfenden
riseslegal bur-
to about
Committee
den
half of
of proof which
on the
all judges took the
theview
prosecution.
under that
50;thebut
It defines
age of criminal
the 7 law
per had
balance
only centno
betweenarerole
theinstate
from the enforcement
and
a black the ofminori-
moral-
individual
or ethnic and
ity.
is Its function
ty abackground was
vital protection to maintain
for protecting
(Ministry public
of Justice, order
theJudicial
innocent,and decency,
especially
Diversity to protect
suspects
Statistics 2019,whothe public from what
are vulnerable because
https://www.judiciary.uk/was
offensive
of or injurious and to protect the vulnerable from exploitation. But given the
age, mental disorder or learning disability. It was qualified by s34 Criminal Justice and Public
publications/judicial-diversity-statistics-2019-2/). vagueness
of what qualifies as indecent, offensive, injurious, or even exploitation, it is little surprise that this
differences
common in Crown Court
characteristic and nosentencing
common in the Midlands
function. are the
Grouping typical. The overrepresentation
doctrines of black
as actus reus or as mens rea
people
is in prison
problematic is explained
because in the
it obscures thefollowing way: 70
fact that there areper cent ofdoctrines
different the differential
at workresulted from black
and it misleadingly
overrepresentation
suggests among persons
that the doctrines appearingcharacteristic
share a common for sentenceor. . function.
.; 10 per cent was attributable to offence
seriousness and criminal history . . .; 13 per cent was attributable to case processing differences . . .;
Despite theoretical criticisms, the AR/MR distinction has practical advantages, and continues to
GUIDE TO USING THE BOOK xi
and 7 per cent was not explained.
be a useful tool for analysis of criminal liability.
In 2017, the Lammy Review, commissioned in 2016 by Prime Minister David Cameron and
84 CHAPTER 2 ledREUS:
ACTUS by David Lammy MP,
ACTS, OMISSIONS ANDconcluded
CAUSATION that BAME defendants were disproportionately likely to
SECTION SUMMARY
receive prison sentences for drug offences, even when other factors were taken Section summaries Short summaries appear throughout
into account;
while
A
■ Theyouth
crime AR offending
must
consists be and reoffending
of proved.
AR (conduct) overall has decreased in the last decade,the
and MR (blameworthiness/fault). book of
the numbers at the end of key sections to reinforce your
BAME
■ ItAR
mustoffenders
be has increased;
MRvoluntary willed.byand
ordefined themany
crime.BAME defendants lacked trust in the court and prison
■
systems
■
■ ItThe
and are always
(www.gov.uk/government/publications/lammy-review-final-report).
canARinclude
must bea mental element.
voluntary or willed.
k
nowledge. You should use these to reflect on what you
■ ItYou
■ cancannot
consistbeofconvicted
a state ofofaffairs:
a crimestatus
merely for having guilty thoughts.
offences. have just learnt.
■ ItThe
■ canARbemust be proved.
negated by some defences.
1.8 Conclusion
■ It can include a mental element.
Omissions
■ It can consist of a state of affairs: status offences.
■WeIthave
Omissions
can beexamined
liability
negated thesome
social,
concerns
by the moral and political
commission
defences. of the ARinfluences on through
of an offence the decision
failingtotocriminalise, and
act where there
isthe reality
a duty of crime
to act. Dutiesincan
England and Wales
arise through today.
statute Throughout
(failure this
to act) or in book
five we will
common lawtouch upon these
duty situations:
issues as we consider the rules and principles underlying the criminal law of England and Wales.
■ assumption of responsibility;
■ close/special relationship;
■ creation of a dangerous situation;
■ withdrawal of medical treatment where there is a continuing obligation to preserve life;
■ contract, statute or official position.
SUMMARY Chapter summaries Each chapter ends with a concise sum-
Causation
■ The reasons for criminalising conduct.
Causation is the name given to the search for the legal cause of a result where there is more than one
mary allowing you to check your understanding and return to
■ The standard and burden of proof in criminal proceedings.
potential cause. any areas that aren’t yet completely clear.
■ The exceptions to the prosecution bearing the burden of proof.
■ Factual causation: but for D’s act the result would not have happened.
■ The classification of crimes and the criminal court structure.
■ Legal causation: the chain of causation will be broken by a novus actus interveniens which must be
■ The sources of the criminal law.
voluntary: free, deliberate and informed, that is: self-injection with drugs leading to death.
■ The four theories of punishment.
■ An intervening act will not break the chain where it is performed:
■ Crime in England and Wales Today. FURTHER READING 85
in self-preservation or in the course of duty;
in pollution cases unless it is extraordinary;
in medical cases where D’s actVisjumps
substantial and operating;
Doctor
by V in pursuance of even an unforeseeable abnormality—take your victim as you find her;
by V’s reasonably foreseeable, but not unreasonable or daft, escape from danger.
D V’s death
Diagram
PROBLEM2.5SOLVING Problem solving The questions at the end of each chapter
Causation answer diagram
1. D is driving his 15-year-old daughter, A, to school. As D approaches the school crossing A, who provide the ideal opportunity for you to test your understand-
loves to make her father laugh, suddenly tickles D under his arm. He loses control of the steering
Remember:
wheel and the car rolls on to the foot of the lollipop man. D dislikes the man and leaves the car ing of a topic. They challenge you to apply your knowledge—
■ I:there
Issue—identify
for a couplethe relevant whilst
of minutes issue(s)he scolds A.
either by preparing a full answer to a question, or by debating
2. R:
■ Rule—explain
The following week,
the D’s wife gives birth to a baby. It is severely mentally and physically disabled,
rule(s)
■ A: requiring 24-hour care.the
Application—apply Thelaw
babyto becomes
the facts critically ill. After several days the baby’s heart stopsthe issues with your fellow students. Again, guidance on how to
■ C: beating. The doctors do not resuscitate and withdraw artificial nutrition and hydration on the
Conclusion
basis that the baby is never going to recover.
approach these questions can be found in the online resources.
It is important to realise that there is no single correct answer. The point of any problem question is to
3. That night A threatens V, her unusually nervous 9-year-old brother, by breaking into his room and
allow you to explore the legal and factual issues developing an ability to formulate different arguments
shouting. V jumps out of an upper window and breaks his arm. He is taken to hospital where a
leading to a particular conclusion. Remember, however, that your conclusion on guilt is less important
junior doctor fails to detect the complexity of the break. The arm is not set properly. It fails to heal
than your explanation, and your detailed application of the law to the facts.
and V dies from an infection.
See the online
Discuss resources
the criminal for further
liability of D, theguidance on solving
doctors and A for thethis problem:
harm www.oup.com/he/loveless7e.
in each scenario.
A useful technique for answering questions involving causation (ie: 3) is to draw a chain of causation
marked with potential interventions (see Diagram 2.5):
FURTHER READING Further reading These suggestions for additional reading
Actus reus have been carefully selected to highlight key areas and to help
A. Lynch, ‘The Mental Element in the Actus Reus’ (1982) 98 LQR 127 deepen your knowledge of the subject.
Discusses whether the conduct element of a crime also contains by implication a mental element.
Omissions
A. Ashworth, ‘A New Generation of Omissions Offences’ [2018] 5 Crim LR 354–64
Considers the expansion of criminalisation to include ‘preventive’ criminal responsibility in the context of a ‘new generation’ of
omissions liability.
A. Ashworth, ‘Manslaughter by Omission and the Rule of Law’ [2015] Crim LR 563
Considers the extent to which the law should impose criminal liability on people failing to assist a friend or a member of their
family where the result is death
A. Ashworth, ‘Positive Duties, Regulation and the Criminal Sanction’ (2017) 133 LQR 606–30
Considers existing duties to act under the criminal law especially crime prevention.
C. Crosby, ‘Gross Negligence Manslaughter by Omission’ (2018) 82(2) JCL 127–37
Considers the basis for the duty of care and criminal liability established in the recent unreported case of R v Bowditch and argues
that there is a lack of clarity in the law.
C. Elliott, ‘Liability for Manslaughter by Omission: Don’t Let the Baby Drown’ (2010) 74(2) JCL
163–79
Considers the potential confusion between a duty to act and a duty of care in this area of law and argues that the law should
follow the approach in R v Adomako.
B. Hogan, ‘Omissions and the Duty Myth’, in P. Smith (ed.) Criminal Law: Essays in Honour of J.C.
Smith, Butterworths, 1968
Argues that the act/omissions distinction is unhelpful and that liability for omissions should instead be based on causation.
28
Guide to the online resources
CHAPTER 1 INTRODUCTION AND GENERAL PRINCIPLES
Essay questions
Examinations tend to include a mix of essay and problem questions. An essay question will ask you to
examine/analyse/compare and contrast a particular area/s of law in depth rather than to advise on a
The online resources that accompany this book provide students and lecturers with ready-to-use teaching and learn-
particular set of facts. Here you would be required to engage in a far more detailed examination of a
narrower area of law than with a problem question. Usually the area of law will be controversial or at
ing material. They are free of charge, and are designed to complement the book and maximise the teaching and
least the subject of debate. Again, you should support your answers with cases and statutory defini-
tions. Greater reference to academic articles would be expected. You may need to compare different
points of view and you will need to offer your own critical analysis.
learning experience.
FURTHER READING
PROBLEM qUESTIONS 27
A useful tool to bear in mind when structuring your answer to problem questions is the following:
how to correctly answer all the thinking points and problem
■ I: Issue—identify the relevant issue(s)
■ R: Rule—explain the rule(s) questions posed throughout the book.
■ A: Application—apply the law to the facts
■ C: Conclusion
Conclusion
This is where you consolidate your arguments to determine whether the defendant is likely to be guilty
or not guilty. Do any defences make a difference to this likely outcome? You will be expected to exam-
ine the law from the point of view of both prosecution and defence. It should be possible for you to
construct an argument for both by referring to different cases or to different arguments within some
of the judgments.
Contents in brief
Acknowledgements xxii
Table of cases xxiii
Table of legislation xxxv
Index 719
Detailed contents
Acknowledgements xxii
Table of cases xxiii
Table of legislation xxxv
Attorney-General’s Reference (No 2 of 1999) [2000] 3 Blakely and Sutton v Chief Constable of West Mercia
All ER 182; [2000] QB 796; [2000] Crim LR [1991] Crim LR 763; [1991] RTR 405 . . . 194,
475; [2000] 2 Cr App R 207 (CA) . . . 167, 174, 197, 199
176, 295–6 Blaue [1975] 3 All ER 446; [1975] 1 WLR 1411
Attorney-General’s Reference (No 4 of 2002) [2004] (CA) . . . 76–7, 81
UKHL 43; [2005] 1 AC 264 . . . 15 Bloxham [1982] 1 All ER 582 (HL) . . . 620
Attorney-General’s Reference (No 3 of 2003) [2004] BM [2018] EWCA Crim 560 . . . ix, 491–2
EWCA Crim 868 . . . 124 Bolton (Engineering) Co Ltd v T J Graham & Sons Ltd
Attorney-General’s Reference (No 2 of 2004) see [1957] 1 QB 159 . . . 169
Quayle; AG’s Reference (No 2 of 2004) Boshears (1961) The Times, 8 February . . . 332
Attorney-General’s Reference (No 4 of 2004) [2005] Bourne [1938] 3 All ER 615 (CCC) . . . 412
EWCA Crim 889; [2005] 1 WLR 2810 . . . 504 Bourne (1952) 36 Cr App R 125 . . . 217
Augunas [2013] EWCA Crim 2046 . . . 629 Bowditch (2017) (unreported) . . . ix, 52, 85
Austin [2011] EWCA Crim 345 . . . 697 Bowen [1996] 2 Cr App R 157; [1996] Crim LR
Ayliffe v DPP [2005] EWHC 684; [2005] Crim LR 576 (CA) . . . 391, 394, 408
959 (CA) . . . 673 Bowler [2015] EWCA Crim 849 . . . 290
Aziz [1993] Crim LR 708 . . . 642 Boyea [1992] Crim LR 574 (CA) . . . 482, 499
Bradish (1990) 90 Cr App R 271 . . . 154
B [2006] EWCA Crim 2945 . . . 517, 555 Brady [2007] EWCA Crim 2413; [2007]
B [2013] EWCA Crim 3 . . . 517, 541 Crim LR 564 . . . 476
B (A Minor), Re, (1991) 20 May (Fam) . . . 414 Brandford [2016] EWCA Crim 1794 . . . 389
B (A Minor) v DPP [2000] 1 All ER 833; [2000] 2 AC Bratty v Attorney-General for Northern Ireland
428; [2000] Crim LR 403 . . . 140, 142, 143–4, 145, [1963] AC 386; [1963] 3 All ER 523 (HL) . . . 30, 33,
146, 147, 148, 151, 156, 158, 166, 448 326, 330, 332, 333, 335, 341, 344, 345–6, 364
B (Consent to Treatment: Capacity), Re [2002] 2 All Bree [2007] EWCA Crim 256 . . . 517, 528–9, 533, 555
ER 449; (2002) The Times, 26 March . . . 237 Brennan [2014] EWCA Crim 2387 . . . 249, 252, 253,
B, R v DPP [2007] EWHC 739 (Admin) 258, 259–60
(QBD) . . . 609, 612–13 Bristow [2013] EWCA Crim 1540 . . . 300, 303, 308–9
Bailey [1983] 2 All ER 503 (CA) . . . 344, 348, 349, 351 Brooks and Brooks (1982) 76 Cr App R
Bainbridge [1960] 1 QB 129 (CA) . . . 200 66 (CA) . . . 641
Baker [1994] Crim LR 444 . . . 221 Brown [1968] SASR 467 . . . 186
Baker and Ward [1999] 2 Cr App R 335 . . . 394, 395 Brown [1985] Crim LR 611 . . . 650
Baker and Wilkins [1997] Crim LR 497 (CA) . . . 384 Brown [1994] 1 AC 212; [1993] 2 All ER 75; [1993] 2
Baldessare (1930) 22 Cr App R 70 . . . 191 WLR 556 (HL) . . . 6, 222, 455, 482–4, 485–6, 487,
Banfield [2013] EWCA Crim 1394 . . . 191–2 488, 491, 492, 493, 495, 496, 499, 514
Barber v Superior Court of State of California, 195 Brown [2003] EWCA Crim 2637 . . . 420
Cal. Rptr. 484 . . . 54 Brown [2012] 2 CAR(S) 27 . . . 258
Barnes [2005] 1 WLR 910 (CA) . . . 489–90, 493, 498 Brown [2014] EWCA Crim 2176 . . . 478
Bateman (1925) 19 Cr App R 8 (CCA) . . . 128, 130, Brown (Robert) [2011] EWCA Crim 2796 . . . 258
131, 132, 133, 134, 135, 137, 288, 293, 294, 296, 297 Bryce [2004] EWCA Crim 1231; Crim
Bawa-Garba [2016] EWCA Crim 1841 . . . 298 LR 936 . . . 197–8, 199
Becerra and Cooper (1975) 62 Cr App R Bubbins v UK [2005] All ER (D) 290 . . . 445
212 (CA) . . . 220 Buckoke v GLC [1971] 2 All ER 254 . . . 405, 411
Beckford v R [1987] 3 All ER 425; (1987) 85 Cr App R Bunch [2013] EWCA Crim 2498 . . . 253
378; [1988] AC 130 (PC) . . . 390, 397, 427, 430–1 Burgess [1991] 2 All ER 769 (CA) . . . 330,
Bedder [1954] 2 All ER 801 . . . 280 332–3, 344
Beecham (1851) 5 Cox CC 181 . . . 606 Burns [2010] EWHC 1604 . . . 422, 437
Bentley (Deceased) [1998] EWCA Crim 2516 . . . 186 Burstow [1997] 1 Cr App R 144 (CA) 478 see also
Bevans (1988) 87 Cr App R 64 (CA) . . . 663 Ireland; R v Burstow [1997]
Bilton (2005) The Guardian, 20 December . . . 333 Buxton [2011] 4 Crim LR 332 . . . 507
Bingham [2013] EWCA Crim 823 . . . 537 Byrne [1960] 2 QB 396 (CA) . . . 249, 252, 253
Bird [1985] 1 WLR 816 (CA) . . . 436
Bisla (1992) The Telegraph, 30 January . . . 266 C [2007] EWCA Crim 1862 . . . 351
Blackshaw and Sutcliffe [2011] EWCA C [2009] UKHL 42 . . . 526
Crim 2312 . . . 709, 713, 714 C [2012] EWCA Crim 2034 . . . 523, 525
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1 cup stoned and chopped raisins
2 eggs
10 ozs. flour
1 tea-spoon soda
2 tea-spoons ginger
2 tea-spoons cinnamon
1 ground clove
Melt the sugar and lard. Then mix all the ingredients well together,
adding the flour last. The soda should be dissolved in the milk. The
raisins may be omitted. Bake in tins lined with greased paper, in a
slow oven for about forty minutes.
*Portuguese Gingerbread
2 lbs. flour
2 lbs. black treacle
1 lb. brown sugar
1 lb. butter
¹⁄₄ lb. citron
5 eggs
1 table-spoon ground cloves
1 table-spoon ground ginger
2 tea-spoons carbonate of soda
Rind of three lemons grated
Wine-glass of brandy
Beat the eggs with the sugar till light and creamy. Add the butter,
which should be melted, the spices, lemon peel and finely sliced
citron. Stir continually. Then add the brandy and treacle, mixing well.
Mix the soda with the flour. Stir the flour into the mixture, and do not
beat after it is well mixed. Paper and grease three or four dripping
pans, or shallow square tins. Bake immediately in a very moderate
oven, for an hour and a half. This cake burns easily.
*Scotch Gingerbread
2¹⁄₄ cups flour
³⁄₄ cup medium oatmeal
1 cup syrup
³⁄₄ cup lard, butter or dripping
3 tea-spoons ground ginger
3 tea-spoons ground cinnamon
1 tea-spoon carbonate of soda
1 or 2 eggs
1 cup sour milk
Mix as for American gingerbread, and bake in a greased flat tin in
a moderate oven.
Yorkshire Parkins
Bread Cake
I.
1 pint dough
3 ozs. butter
1 cup sugar
2 eggs
Grated rind half a lemon
1 cup of currants
II.
4 table-spoons brown sugar
2 ozs. butter
1 table-spoon flour
1 tea-spoon cinnamon
2 heaping table-spoons bread crumbs
I. Add the butter, sugar, eggs and lemon rind to the dough. Mix
thoroughly and beat till light. Add the currants, which should have
been washed, dried and floured. Mix them in lightly. Pour the mixture
into a square greased pan. It should not be more than an inch deep.
II. Beat the brown sugar, butter, flour and cinnamon together till
light. Stir in the bread-crumbs, which should be very fine. Drop
spoonfuls of this mixture over the top of the cake. Press them down
into the cake with the fingers. Set the cake to rise in a warm place.
When risen bake in a moderately quick oven. Cover the cake with a
piece of brown paper to prevent burning.
Brioche
1 lb. flour
1 lb. butter
7 eggs
2 spoonfuls yeast
1 spoonful sugar
Salt
Set a quarter of a pound of flour, with the yeast dissolved in a very
little hot water, to rise for half an hour in a covered basin in a warm
place.
Rub the butter into the rest of the flour, with which the sugar and a
little salt has been mixed. Beat the eggs well. Mix them with the
butter and flour and beat until light and creamy. Add this mixture to
the flour and yeast and mix lightly but well. Let the whole rise for
eight hours. Fill a buttered mould, or form into small loaves and
place on a greased tin. Bake in a moderate oven for about an hour.
Dough Cake
1 lb. dough
3 ozs. lard
3 ozs. butter
3 ozs. sugar
¹⁄₄ lb. currants
1 egg
1 tea-spoon ginger and ground nutmeg
The dough should have risen a second time before it is used. Mix
all the ingredients in a large pan with the hand. Bake in a square
buttered tin.
Kugelhupf—II
Scotch Bun
2 lbs. raisins
1 lb. currants
¹⁄₂ lb. orange peel
¹⁄₄ lb. lemon peel
¹⁄₄ lb. chopped sweet almonds
¹⁄₂ oz. ground cloves, cinnamon and ginger
¹⁄₂ lb. butter
2¹⁄₂ lbs. twice risen dough
Divide the dough into two parts. With one part mix the fruit, butter
and spices thoroughly. Line a buttered tin with half of the plain
dough. Put over it the dough mixed with fruit, and cover with the rest
of the plain dough. Brush over with the yolk of an egg. Bake in a
moderate oven.
Fried Cakes
PAGE
Cinnamon Cakes 85
Crullers 85
Doughnuts 86
Doughnuts made with Yeast 86
Puff-ball Doughnuts 87
Snowballs 87
General Directions
Fried cakes are best cooked in a mixture of lard and clarified beef-
dripping which has not been used before. It should be made very
hot, and be quite still. Test it by throwing in a small piece of the
mixture. If it rises at once, swells, and begins to brown on the under
side, the temperature is right for frying.
Doughnuts should take from 8 to 10 minutes to fry, and should be
a golden brown when finished. Directly they are ready, take them
out, allowing all the fat to drip off, and putting them on soft brown
paper to drain.
Cinnamon Cakes
1 cup sugar
1 cup of butter
3 eggs
¹⁄₂ tea-spoon cinnamon
2 table-spoons milk
Flour
Beat the butter and sugar together until light. Beat the eggs
together and add to the butter and sugar with the cinnamon, milk and
sufficient flour to make the mixture stiff enough to roll out. Roll the
mixture out on a floured pastry board until very thin. Cut into narrow
strips. Twist or braid them. Drop them into boiling fat, boil till a golden
brown. Dust with powdered sugar while hot.
Crullers
Doughnuts
1 cup sugar
2¹⁄₂ table-spoons butter
3 eggs
1 cup milk
4 tea-spoons baking powder
¹⁄₂ tea-spoon grated nutmeg and cinnamon
Salt
3¹⁄₂ cups flour
Cream the butter. Add half of the sugar. Beat the eggs until very
light. Add them with the rest of the sugar to the butter. Add the salt,
spices, and baking powder to the flour. Sift them and add to the
mixture. Beat well. Add more flour, if necessary, and roll out until
quarter of an inch thick. Cut into rings and fry.
Puff-ball Doughnuts
3 eggs
1 cup powdered sugar
1 pint sweet milk
Flour
2 heaping tea-spoons baking powder
Beat the eggs. Add the sugar and milk. Add flour (with which the
baking powder should be mixed) until the batter is stiff enough for
the spoon to stand upright in. Beat until very light. Drop by dessert-
spoonfuls into boiling lard.
Snowballs
1 cup powdered sugar
4 table-spoons milk
¹⁄₃ tea-spoon soda
³⁄₄ tea-spoon cream of tartar
2 eggs
Flour
Mix the soda with the milk and the cream of tartar with the flour
(sufficient to make a stiff batter). Beat the egg, add the rest of the
ingredients, and beat until light. Make into small balls. Fry in lard.
When cold, dip in the beaten white of an egg and roll in powdered
sugar.
Little Cakes and Sweet Biscuits
PAGE
Almond Cakes 91
Bottle Cakes 91
Butter Rings 92
Caraway Cakes 93
Chocolate Cakes—I. 93
” ” II. 94
Cinnamon Biscuits 94
Coburg Cakes 95
Cocoanut Cones 96
” Rings 96
Cornflour Cakes—I. 97
” ” II. 97
Fairy Gingerbread 98
Fluffy Cakes 98
German Biscuits 99
Gingerbread Nuts 99
Ginger Snaps 100
Ground Rice Biscuits 100
Hazel Nut Biscuits 101
Kletskoppen 101
Little Biscuits 102
Little Dutch Cakes 102
Louisa Cakes 103
Macaroons—I. 103
” II. 104
Madeleines 104
Oat Cakes 105
Orange Biscuits 105
” Wafers 106
Rice Cakes 107
Rock Cakes—I. 107
” ” II. 108
Shortbread 108
Shortbread Biscuits 109
Snow Cakes 109
Sponge Fingers or Cakes 110
Sugar Cakes 110
Whole Meal Biscuits 110
Almond Cakes
*Bottle Cakes
*Butter Rings
3 ozs. butter
2 eggs
4 yolks
¹⁄₂ lb. sugar
¹⁄₂ lb. flour
Grated rind of a lemon
Beat the butter to a cream. Add one egg and five yolks (which
should have been well beaten together) and the sugar. Then add the
flour and the lemon rind. Beat until smooth and light. Roll out the
mixture lightly and cut it into ring-shaped biscuits. Brush over each
with the white of an egg, and sprinkle crystallised sugar over them.
Bake in a slow oven on a well greased tin.
Caraway Cakes
3 lbs. sugar
1 lb. butter
¹⁄₂ pint cold water
3 eggs
3 lbs. flour
1 tea-spoon soda
4 table-spoons caraway seeds
Cut the butter up in the flour as finely as possible. Dissolve the
sugar in the water. Add it to the butter and flour. Beat the eggs till
very light and add them to the mixture. Dissolve the soda in a very
little hot water and stir it in. Roll the caraway seeds in a little flour,
and add them, mixing thoroughly. Roll out lightly and cut in round
shapes. Bake quickly on a greased tin.
*Chocolate Cakes—I
6 ozs. sifted sugar
¹⁄₄ lb. sifted chocolate powder
2 ozs. sifted flour
4 whites of eggs
Beat the whites until very stiff. Mix quickly but thoroughly with the
other ingredients.
Form into cone-like shapes on a baking sheet or tin and bake in a
moderate oven.
*Chocolate Cakes—II
2 ozs. powdered chocolate
2 ozs. castor sugar
2 ozs. butter
2 eggs
1¹⁄₂ ozs. flour
¹⁄₂ tea-spoon baking powder
Put the chocolate in the oven to warm. Beat the butter to a cream
and add the sugar gradually, beating continually. Then stir in the well
beaten eggs and the warmed chocolate. When thoroughly well
beaten, add the flour, with which the baking powder should be
mixed. Bake in patty pans in a quick oven. When baked, split open
and spread with Devonshire cream.
*Cinnamon Biscuits
Coburg Cake
3 cups flour
1 cup sugar
¹⁄₂ cup syrup
¹⁄₂ cup water
1 cup butter milk (or sour milk)
¹⁄₂ lb. butter
3 eggs
2 tea-spoons soda
2 tea-spoons ground ginger
2 tea-spoons ground cinnamon
1 tea-spoon allspice
2 ozs. sweet almonds
Beat the butter and sugar to a cream. Whisk the eggs till light and
creamy and mix with the butter. Add the syrup, water, spices and
flour, mixing thoroughly, and lastly the soda dissolved in a little
boiling water.
Blanch and chop the almonds, and sprinkle them in the bottom of
the patty pans. Pour in the mixture and bake in a quick oven for
about twenty minutes.
Cocoanut Cones
1 lb. powdered sugar
¹⁄₂ a grated cocoanut
5 whites of eggs
1 tea-spoon arrowroot or flour
Beat the eggs till firm. Add the sugar gradually. Beat in the
cocoanut and arrowroot. Form into small cone-shaped cakes. Set on
buttered paper in a tin and bake in a very moderate oven.
Cocoanut Rings
Cornflour Cakes—I
*Cornflour Cakes—II
3 ozs. castor sugar, finely sifted
3 ozs. butter
2 ozs. Oswego cornflour (Kingsford’s)
2 eggs
1 small tea-spoon baking powder
Beat the butter and sugar together to a cream. Beat in the
cornflour. Add the eggs (not previously beaten) and beat all well
together. Then stir in the baking powder carefully. Bake in well
buttered patty pans, in a moderate oven, until they are a delicate
golden colour.
*Fairy Gingerbread
1 cup butter
2 cups sugar
1 cup sweet milk
4 cups flour
³⁄₄ tea-spoon carbonate of soda
2 tea-spoons ground ginger
Beat the butter to a cream, add the sugar gradually. When the
mixture is very light and creamy add the ginger. Dissolve the soda in
the milk and add it with the flour. Grease a perfectly clean baking tin.
Spread the mixture as thinly as possible over it with a knife. Bake in
a moderate oven till brown. Cut into squares while hot and slip off
the tin.
Fluffy Cakes
*German Biscuits
5 ozs. flour
2 ozs. butter
2 ozs. sugar
2 yolks of eggs
1 white of egg
2 table-spoons cream or milk
1 oz. almonds
Beat the sugar and butter together. Add the flour and the beaten
yolks. When well mixed add the cream or milk. Cut the paste thus
made into strips and form it into different shapes. Brush over with the
white of egg. Blanch and chop the almonds and strew them over the
biscuits. Bake on a greased tin.
*Gingerbread Nuts
Ginger Snaps
1 large cup butter and lard mixed
¹⁄₂ cup sugar
1 cup molasses
¹⁄₂ cup water
1 table-spoon ginger