Preface
Author | Kent Roach |
Profession | Faculty of Law and Centre of Criminology. University of Toronto |
Pages | 23-24 |
Page 23
This book is designed to provide a concise and current discussion of the basic principles of Canadian criminal law. To this end, the heart of this book examines the principles of the general part of the criminal law: the elements of offences and the relevant defences. It follows the traditional conceptualization of the general part, but it examines unfulfilled crimes and participation in crimes earlier than other works because of their great practical importance and their effective expansion of the prohibited act. Regulatory offences and corporate criminal liability are examined together because of their functional and contextual similarities.
A few chapters attempt to place the general principles of the criminal law in context. Chapter 1 provides an overview of all the topics examined in the book. Chapter 2 examines the constitutional principles that affect the investigation of crime, the criminal trial process, and the substantive criminal law as they relate to fault requirements and defences. Chapter 10 examines selected offences including homicide, sexual offences, property, and terrorism offences. Provocation is also examined in this chapter. Other contextual chapters include chapter 11, which examines the principles of sentencing, and chapter 12, which outlines models of the criminal process and trends in the criminal law. These chapters are not intended to be comprehensive, and each deserves a book in its own right, but it is hoped they will provide readers with a fuller sense of the criminal law than would be provided if the book were restricted to the general part of the criminal law.
I have avoided the temptation to engage in extended criticisms of decided cases in order to focus on how each case fits into the over-
Page 24
all structure of the criminal law. Unfortunately, the fit is not always natural and my impression after nearly twenty five years of teaching is that Canadian criminal law is complex, challenging, and at times incoherent, even for the brightest of students. Fortunately, Parliament has addressed and considerably simplified the law of both self-defence and defence of property and chapter 9 contains an extensive examination...
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