Principles of Federal Criminal Law 5th ed

Principles of Federal Criminal Law Fifth Edition is a comprehensive examination of the general principles of Australian federal criminal law outlined in Chapter 2 of the Commonwealth Criminal Code.

Stephen Odgers SC provides commentary on specific terms and phrases used in Chapter 2 as well as examples of how each principle may be applied.

As both the significance of the Code and number of offences under it continue to increase, practitioners must contend with its principles and language. This title guides the reader through the principles and makes them accessible both to criminal lawyers dealing with a widening range of criminal offences, and to commercial lawyers who must grapple with criminal penalties for commercial crime.

New developments addressed in the Fifth Edition include the following:

• inferring “intention” from awareness of “a real or significant chance”: Ko v R;
• intention satisfying the fault element of recklessness: R v Chalabian (No. 13);
• the “dishonesty” fault element: El-Debel v The King; Kahlon v The King;
• the elements of an “attempt” to commit an offence under the Code: R v Antic;
• joint commission of an offence: Tartaglia v The Queen;
• “procures” conduct of another person: Director of Public Prosecutions (Cth) v Ingram;
• conspiracy and the requirement of knowledge or belief regarding “the facts that made the conduct that was the subject of the agreement an offence”: Director of Public Prosecutions (Cth) v Kola;
• a husband and wife can conspire under the Code: Namoa v The Queen; and power to dismiss conspiracy charge in “the interests of justice”: DPP (Cth) v Knopp (a pseudonym) & Anor.

Principles of Federal Criminal Law Fifth Edition is a unique work offering essential guidance. This is provided in definitive form by one of Australia’s most distinguished lawyers, making this a must-have resource for practitioners in both criminal and commercial law, public lawyers, the courts, the police and academics.