Kenny criminal law in Queensland and Western Australia 9th Edition by John Devereux, Meredith Blake, R G Kenny ISBN 0409339792 9780409339796

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Product details:

ISBN 10: 0409339792 
ISBN 13: 9780409339796
Author:  John Devereux, Meredith Blake, R G Kenny

An indispensible tool for students, teachers and practitioners, the text provides a comprehensive and current guide to the fundamentals of the criminal law in Queensland and Western Australia, much of which has direct application in other Code jurisdictions, such as Tasmania.

Following the tradition established by Graham Kenny and Jim Herlihy in 1978, John Devereux and Meredith Blake present a text of an introductory nature suitable for students, teachers and practitioners.

The ninth edition incorporates all recent amendments to the Criminal Codes and to other statutes relating to criminal law in both Queensland and Western Australia, as well as the most recent case law.

Ideal for students approaching the subject for the first time.

Kenny criminal law in Queensland and Western Australia 9th Table of contents:

Part 1: Introductory Matters

• Chapter 1: Introduction to Criminal Law
  • Historical background of the Criminal Codes (Queensland and Western Australia).
  • Imperial, Commonwealth, and State legislation.
  • Codification of criminal law.
  • The courts and interpretation of the Codes.
  • Common features of the criminal law.
• Chapter 2: The Trial Courts
  • The Supreme Court.
  • The District Court.
  • Magistrates Courts.
• Chapter 3: Classification of Offences
  • Introduction to offence classification (e.g., crimes, misdemeanours, simple offences).
  • Mode of trial (e.g., indictment, summary).
  • Time limits for prosecution.
• Chapter 4: General Principles of Criminal Responsibility
  • The concept of criminal responsibility.
  • Mental element (mens rea) and physical element (actus reus).
  • Causation.
  • Strict liability and absolute liability.
  • Elements Toolbox (a feature often used to break down the elements of offences).

Part 2: Offences

• Chapter 5: Fatal Offences
  • Homicide (general principles).
  • Murder (elements, intention, constructive murder).
  • Manslaughter (unlawful killing, criminal negligence).
  • Alternative verdicts for homicide.
• Chapter 6: Non-Fatal Offences Against the Person
  • Assault (common assault, aggravated assault).
  • Grievous bodily harm.
  • Wounding.
  • Stalking.
• Chapter 7: Sexual Offences
  • Rape and sexual assault (consent, elements).
  • Offences relating to children.
  • Other sexual offences.
• Chapter 8: Property Offences
  • Stealing (theft).
  • Robbery.
  • Burglary.
  • Fraud.
  • Damage to property.
  • Unlawful use of motor vehicle.
• Chapter 9: Drug Offences
  • Offences under drug legislation (possession, supply, trafficking).
• Chapter 10: Commonwealth Offences
  • Overview of selected Commonwealth criminal offences and jurisdiction.

Part 3: Defences

• Chapter 11: The Role and Range of Defences
  • General principles of defences.
  • Burden of proof (persuasive and evidentiary burdens).
• Chapter 12: Lack of Will and Accident
  • Acts independent of will (automatism).
  • Accident.
• Chapter 13: Mistake of Fact
• Chapter 14: Ignorance of Law (and Claim of Right)
• Chapter 15: Self-Defence and Other Defensive Force
  • Self-defence.
  • Defence of property.
• Chapter 16: Provocation
• Chapter 17: Compulsion, Duress, and Extraordinary Emergencies
  • Compulsion.
  • Duress.
  • Necessity/Extraordinary emergencies.
• Chapter 18: Insanity, Automatism, and Diminished Responsibility
  • Insanity.
  • Automatism (often linked to lack of will).
  • Diminished responsibility (specific to Queensland).
• Chapter 19: Intoxication
• Chapter 20: Other Defences (e.g., consent in some contexts, surgical operations, execution of law, marital immunity if still relevant in some historical context).

Part 4: Participation in Offences

• Chapter 21: Parties to Offences (Secondary Liability)
  • Liability under s 7 (aiders, counsellors, procurers).
  • Common purpose.
  • Accessory after the fact.
• Chapter 22: Inchoate Liability (Preliminary Offences)
  • Attempts.
  • Conspiracy.
  • Incitement.
• Chapter 23: Capacity to Commit Offences
  • Children (immature age).
  • Corporations.
  • Spousal liability (historical context).

Part 5: Criminal Procedure

• Chapter 24: Principles of Criminal Procedure
  • Overview of the criminal process.
  • Role of police, prosecution, and defence.
• Chapter 25: Search, Seizure, Surveillance, and Identification
  • Powers of search and seizure.
  • Admissibility of evidence.
• Chapter 26: Arrest, Bail, and Investigative Procedures
  • Lawful arrest.
  • Bail applications.
  • Questioning and confessions.
• Chapter 27: Charges and Prosecutions
  • Laying charges.
  • Decision to prosecute.
• Chapter 28: Committals and Trials
  • Committal proceedings.
  • Trial process (jury trials, judge-alone trials).
  • Role of judge and jury.
• Chapter 29: Verdicts
  • Types of verdicts.
  • Appeals.
• Chapter 30: Sentencing
  • Principles of sentencing.
  • Types of sentences and orders.

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Tags: John Devereux, Meredith Blake, R G Kenny, Kenny, criminal