The Gazette 1991

i SEPTEMBER 1991

GAZETTE

leading. For instance, in the context of the concept of 'intention' it is stated (p.19) that "A person clearly intends a consequence if he wants that consequence to follow from his action. This is so whether the consequence is very likely or very unlikely to result. Thus an abcused who shoots at another wanting to kill him; intends to kill whether the intended victim is 2 metres away or an easy target or whether he is 200 metres away and it would have taken an exceptionally good shot to hit him. In either case, even if the accused misses, he will be liable for a crime requiring intention to kill, such as attempted murder." Given the recent debate regarding the complexity and confusion of 'intention' particularly in relation to murder, such a statement although obviously accessible to any reader may, in its equation of intention with desire, appear somewhat misleading, if not glib. However, it is a tribute to the text that these lapses are rare, and perhaps inevitable, in what is after all but one section of a large volume, not wholly devoted to such issues. This leads us to the strength of the text: its attempt to address the practitioner's need for an overall perspective on all rules relating to criminal practice: not adhering to the artificial distinction made between areas of study, which in any case overlap in the courtroom; but rather pursuing a sequential analysis of each area of law rele- vant to a criminal case. Obviously for the Irish practitioner some sections will prove more useful than others - those dealing with the list of offences/procedure being somewhat irrelevant, except to the extent of correspondence between the jurisdictions, due to our somewhat slavish adherence to British legislative precedents. Moreover, given the absence of such works devoted exclusively to Irish law, and the continuing popularity of Archbold with the Irish Criminal Bar, it is probable that most Irish criminal law practitioners will find this tome a useful addition to their shelf. 291

academic analysis. This is a welcome development, as too often recent works and publica- tions of a legal nature draw what some might consider an artificial distinction between the needs of practice and those of the academic. While the t wo may not be synonymous, too often is it assumed that they are entirely distinct. Such distinction impover- ishes a work, particularly in the criminal field where appellate tribunals, in particular, demand a depth of analysis and familiarity with the nuances of academic de- bate, which both informs and in turn is informed by, the stuff of practice. Hence the inclusion of Part A, in particular, with its discussion of general principles of criminal liability is to be welcomed by practitioners and academics alike. On a basic level, it is self-evident, that if any work is to survive - despite con- stant updating on a yearly basis as here anticipated - the plethora of emerging novel offences, then those general principles of criminal liability which apply whatever the relevant criminal code, merit sufficient review. To highlight some aspects of Part A of the volume: the section on Actus Reus contains a succinct summary of basic elements from causation and voluntariness to the 'egg-shell' rule sufficiently clearly to be accessible to any first year student of criminal law, without being overly simplistic. 'Mens rea' receives similar treatment. Of course, the summary may at times for the sake of brevity appear cursory; and the tension and conceptual difficulty in considering these principles in isolation from given offences (experienced alike by the criminal law teacher), is evident, yet the authors do manage to strike if not a happy balance, an acceptable one. One could criticise for example the treatment of intention - particularly in the context of murder - as being unduly dismissive or brief, yet if the authors were to indulge academic arguments, this single volume would indeed have become several. Issue could be taken, however, with the authors' practice of commenc- ing each section with a brief (if not bald) statement of the law in the area, which if not followed through by the reader might prove mis-

Blackstone's "Criminal Practice" [Ed. Peter Murphy, (Blackstone Press, Ltd., London 1991 ISBN 185431. 001 1)] The Preface to this weighty tome announces that the last time a new work was published in the field of criminal law, dealing comprehen- sively with all aspects of sub- stantive law and procedure required by practitioners, was 1822. That date marked publication of the first edition of Archbold whose stated aim was " t o compress the whole into the smallest possible compass consistent w i th pe r sp i cu i t y" (Preface (V) ). With time, that volume has correspondingly grown, and the particular publication here under review, attempts to fill the resultant gap for a comprehensive single work aimed at the criminal law practitioner. This volume does not aim to be all-inclusive and sacrifices such overtly for the sake of portability. The bias in favour of material which is truly essential to modern day criminal work is made initially and without reservation, thus dictating the structure and contents of the book. Part A contains the general principles of criminal law; Part B the substantive law itself; Part C the more important road t r a f f ic offences; D criminal procedure; E sentencing and F the rules of evidence. Significantly, despite its practical slant, the work does not sacrifice