Chapter 6 crime categories and definitions Flashcards
Where do all criminal cases begin?
Magistrates’ Court
what sort of crimes progress to Crown Court?
Serious crimes such as murder, rape, robbery etc
What are the 3 categories of criminal charges?
Indictable-only, either-way and summary
What is the maximum jail sentence which magistrates can impose?
6 months
Indictable-only offences
- The most serious offences (murder, rape, robbery etc)
- originally processed in magistrates’ court but the maximum jail sentence Magistrates can impose is too lenient - so quickly progresses to a Crown Court
- If the defendant admits to to the charge there, or a jury finds them guilty, then the judge passes sentence.
Either-way offences
- regarded as less serious than Indictable-only offences but still include distressing, harmful crimes (theft, sexual assault and assault causing grievous bodily harm
- can be dealt with at either Magistrates’ or Crown Court. - Either-way
- After a hearing, Magistrates’ may decide to send a case straight to Crown Court.
- Even if the Magistrates’ choose to handle the case, the defendant can choose to exercise their right to choose trial by jury at Crown Court.
Summary Offences
- Comparatively minor offences (common assault, drunkenness, speeding offences etc)
- Dealt with in Magistrates’ Court.
- If a defendant is facing summary charges as well as indictable-only or either-way charges from the same event, a Crown Court may deal with all charges.
- No right to a jury trial
What 2 elements must prosecution provide in order to prove the defendant committed a criminal act?
Actus reus and Mens rea
Actus Reas
One of the 2 elements of criminality.
An act which is potentially criminal
Mens Rea
One of the 2 elements of criminality
A guilty mind - the act was carried out/planned/attempted with guilty intention - perpetrator knew it’s illegal.
Strict Liability
This is when defences to a charge are limited.
EG A motorist who drove over speed limit still commits an offence even if they did not realise how fast they were going.
Acts as a social solution to deter dangerous or anti-social conduct when mens rea cannot be proven.
List of Crimes against People
- Murder
- Manslaughter
- Corporate manslaughter
- Infanticide
- Assault, common assault, battery, assault by beating
- Assault occasioning in actual bodily harm (ABH)
- Wounding or inflicting grievous bodily harm (GBH)
- wounding with intent/inflicting grievous bodily harm with intent
- Rape
Murder
Indictable-only
The unlawful killing of a human being with the intention of killing or causing grievous bodily harm.
An adult convicted of murder must be sentenced to life imprisonment.
Manslaughter
Indictable-only
Killing by an unlawful act likely to cause grievous bodily harm but without the intention to kill or cause grievous bodily harm.
A jury may find a defendant not guilty of murder but charge them with manslaughter instead.
Corporate Manslaughter
Indictable-only
The activities managed or organised by a company, gov department or police force caused someone’s death and amounted to a gross breach in duty of care owed to the deceased.
Infanticide
Indictable-only
The killing of an infant under 12 months old by its mother, when her mind is disturbed as a result of birth.
Assault Occasioning Actual Bodily Harm (ABH)
Either-way
An assault (a threat and/or attack) which caused more than transient and trifling harm.
The harm could be psychiatric illness.
Assault, Common assault, Battery, Assault by beating
Summary charges
(unless motivated by hostility towards the victim’s race/religion or the victim is an emergency worker during working hours - Either-way charges)
These charges are likely to be used when no or only transient or trifling bodily injury is accused.
Wounding or inflicting grievous bodily harm (GBH)
Either-way
It must be proven that the defendant intended or foresaw causing some harm and that the harm caused was a wound or grievous harm.
Wound = slicing or breaking of the skin and can be a mere cut (most often used if the harm is serious)
GBH charge tends to be used, for example, the harm includes a broken bone or led to a substantial loss of blood and/or extended medical treatment and/or permanent disability or disfigurement.
Wounding ‘with intent’/inflicting GBH ‘with intent’
Indictable-only
There is intent to cause GBH or to resist ‘lawful apprehension’
Carries a maximum penalty of life imprisonment.
Theft
Either-way
Dishonest appropriation of property belonging to others with the intention of permanently depriving the other of it.
The act of theft is STEALING, do not refer to as robbery.
Robbery
Indictable-only
Theft by force (violence) or by threat of force.
Handling
Either-way
Dishonestly receiving goods, knowing or believing them to be stolen.
Or dishonestly helping the retention, removal, disposal or sale of such goods.
Burglary
Either-way (can be indictable only)
Entering a building as a trespasser and then:
- stealing/attempting to steal from it; or
- Inflicting/attempting to inflict GBH to anyone inside or;
- Making trespassing to entry to a building with:
intent to steal, intent to inflict GBH or intent to do unlawful damage.
Aggravated burglary
Indictable only
Burglary while armed with a firearm, imitation firearm, or any other weapon or explosive.
Fraud
Indictable-only
conduct with a view to gain or with intent to cause loss or expose to a risk of loss involving either:
- dishonestly making a false representation (using a credit card dishonestly or using a false identity to open a bank account)
- dishonestly failing to disclose info when under a legal duty to disclose (EG failing to mention a heart condition when applying for health insurance.)
- dishonestly abusing a position (EG an employee swindling money from their employer)
Blackmail
Indictable-only
Making an unwarranted demand with menaces with a view to gain.
EG exposing embarrassing secrets or photos involving the victim unless money is paid, or another type of extortion.
Taking a vehicle without authority
Summary Charges
AKA - Taking without owner’s consent (TWOC)
Includes joy-riding - offenders ditching a car after using it.
Does not involve intention to deprive the owner permanently of the vehicle and so should NOT be described as theft.
Aggravated Vehicle Taking
Either-way
When a vehicle has been taken and someone is injured or the vehicle or other property is damaged because of how it was driven.
Driving under the influence of drink or drugs
Summary Charges
driving a motor vehicle when the ability to do so is impaired.
Driving with excess alcohol
Summary charges
when alcohol in the driver’s body exceeds the prescribed limits - 80 milligrammes of alcohol in 100 millilitres of blood, 35 microgrammes of alcohol in 100 millilitres of breath or 107 milligrammes of alcohol in 100 millilitres of urine.
Causing death by careless driving under the influence of drink or drugs
Indictable-only
The driver is unfit to drive as a result of drink or drugs, or has consumed excess alcohol or failed to provide a specimen.
Perjury
Indictable-only
Knowingly giving false evidence after taking an oath as a witness to tell the truth in court or in an affidavit.
Wasting police time
Summary Charges
Knowingly making a false report that a crime has been committed or falsely claiming to have info about an investigation
Perverting the course of justice
Indictable-only
Concealing evidence or giving false info to the police.
