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Oral Exam > Common Law > Flashcards

Common Law Flashcards

1
Q

Reckless Discharge of a Firearm?

A

Crime at common law, any person to reckless discharge a firearm whether or not actually injured. The essence of this crime is the WANTON DISREGARD for the safety of others.

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2
Q

Mobbing and Rioting?

A

Crime at common law, committed when a number of people assemble and combine for common purpose to the alarm of the lieges and in breach of the peace.

ESSENTIAL ELEMENTS
- Concourse
- Illegal combination
- Alarm to the lieges

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3
Q

Justifiable Assault? When is assault justifiable under common law?

A
  • Under the authority of the law
  • Self defence
  • Force must be the only means of defence available
  • Force must be minimum necessary
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4
Q

Culpable and Reckless Conduct?

A

A crime at common law, culpable and reckless acts which cause injury to others or which creates risk of injury.

ESSENTIAL ELEMENTS:
- More than a genuine and innocent accident
- Reckless act
- Must show an utter disregard for the consequences

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5
Q

Assault?

A

A crime at common law and is every attack directed to take the effect physically on the person of another, whether or not actual injury is inflicted.

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6
Q

What are the categories of Assault?

A
  • Direct
  • Indirect
  • Menaces
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7
Q

Aggravations of Assault?

A
  • Danger to victim
  • Intent
  • Mode of perpetration
  • Locus of assault
  • Extent of injury and the nature of injury caused
  • Racial
  • Character of victim and/or accused
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8
Q

Breach of the Peace?

A

A crime at common law constituted by one or more persons conducting himself in a riotous or disorderly manner where such conduct is severe enough to cause alarm to ordinary people and threaten serious disturbance to the community.

ESSENTIAL ELEMENTS:
- Common law crime
- Can be committed by one or a number of people
- The conduct of the person/persons must be riotous or disorderly
- The conduct must be severe enough to cause alarm to ordinary people and threaten serious disturbance to the community.

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9
Q

Accession?

A

Not a crime, but a concept. Everyone who participates in a crime of offence is equally liable no matter what part they played.
- Principal
- Accessory
- Abettor

** A person is only guilty of crime by accession if they have guilty knowledge of the specific crime or offence. General suspicion is not enough**

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10
Q

Reset?

A

A crime at common law committed by any person with intent to deprive the owner to receive and keep the property knowing that it has been appropriated by theft, robbery, embezzlement or fraud.

ESSENTIAL ELEMENTS:
- Guilty knowledge
- Criminal intent
- Receipt of property
- Property dishonestly obtained

A person who subsequently learns that property was dishonestly acquired but continues to keep it is guilty of reset

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11
Q

Robbery?

A

A crime at common law committed by any person who feloniously appropriates property by means of violence or threats of violence.

ESSENTIAL ELEMENTS:
- Violence or the threat of violence
- Intent to feloniously appropriate the property
- Robber must take possession of the property

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12
Q

Power to enter premises? (Other than to search)

A

“D I S C”
D - Disturbance in progress
I - Invitation
S - Serious = when in close pursuit of a person who has committed a serious crime
C - Cries for help or distress

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13
Q

Power to search a premises without a warrant?

A
  • With full and free consent of the occupier
  • Consent is corroborated and when the occupier is present during the search
  • A person who has been arrested on a grave charge and where any delay caused by obtaining a warrant is likely to defeat the ends of justice.
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14
Q

Theft?

A

Crime at common law, theft is the taking and appropriation of property without the consent of the owner or other lawful authority.

ESSENTIAL ELEMENTS:
- Appropriation of property
- Felonious intent
- Intent to deprive the owner
- The property belonged to another

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15
Q

Aggravations of Theft?

A
  • Thefts from vulnerable persons
  • Theft by Housebreaking
  • Theft by opening a lockfast place (OLP)
  • Theft of articles of value
  • Theft by persons in position of trust
  • Theft of mail
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16
Q

In order for something to be stolen it must be?

A
  • Be able to moved
  • Belong to someone else
  • Be a physical thing
17
Q

Define ‘Recent Possession’?

A
  • The property was stolen
  • Shortly thereafter it was traced to the physical or constructive possession of the accused
  • There is no reasonable explanation of such possession
  • There are other incriminating circumstances
18
Q

Theft by Housebreaking?

A

The security of the house is violated, and some article abstracted or removed for the purpose of being carried off. It is not essential for the thief to have actually entered the building. The theft is complete if for example he draws the article towards him with some implement even though he does not get the article into his hand.

ESSENTIAL ELEMENTS:
- An overcoming of the security of the house
- Unauthorised appropriation of property (from within the house)
- Felonious intent to deprive the owner

19
Q

What is a house with regards to Theft by Housebreaking?

A

Any dwelling house or other roofed building, finished or unfinished or any part of a building used as a separate dwelling which is secured against intrusion by unauthorised persons.

20
Q

Theft by Opening a Lockfast Place?

A
  • Overcoming the security of the lockfast place
  • Unauthorised appropriation of property (from within the lockfast place)
  • Intent to deprive the owner
21
Q

What is a lockfast place?

A

Anything other than a building secured by a lock.

If the lockfast place is removed and opened at a later time at a different locus, crime is simply THEFT

22
Q

Forgery and Uttering?

A

Crime at common law and consists in the making and publishing of a writing which feloniously intends to represent and pass for the genuine writing of another person.

ESSENTIAL ELEMENTS:
- The document tendered was a forged document
- The forged document was tendered to some other person in the pretence that it was genuine and authenticated
- The document was uttered with the intention of disadvantaging the interests of another.

23
Q

Fraud?

A

Crime at common law.

ESSENTIAL ELEMENTS:
- Falsehood = False representation by word of mouth or writing or false conduct
- Fraud = Intention to deceive and defraud
- Willful Imposition = Gaining benefit or advantage or of prejudicing the interests of another person

24
Q

Malicious Mischief?

A

Crime at common law constituted by willful, wanton and malicious destruction of or damage to property of another.

ESSENTIAL ELEMENTS:
- Must be malice either actual or inferred on the perpetrator
- Person shows a deliberate disregard for or indifference to the property or possessor rights of others

** The damage/destruction of property which has originally been stolen is NOT MM provided that the damage is caused by the thief**

25
Q

Willful Fire Raising?

A

Crime at common law when a person intentionally sets fire to any form of property.

26
Q

Culpable and Reckless Fire Raising?

A
  • Crime at common law
  • Property is set on fire
  • The accused carried out a reckless act disregarding any dangers which may result from their action
27
Q

Define Subornation of Perjury?

A

A crime at common law committed by any person who counsels or induces, by any means a person to give false testimony on judicial proceedings.

ESSENTIAL ELEMENTS:
- Some form of inducement given to the witness
- Witness submits to the inducement
- Give false evidence

28
Q

Define Attempted Subornation of Perjury

A

Witness is approached, an inducement offered or intimidation made but the matter is reported to police before the witness goes to court.

ESSENTIAL ELEMENTS:
- Any inducement or intimidation has been made
- Matter reported to the police before going to court

29
Q

Define Perjury?

A

A crime at common law committed by any person who willfully makes a false statement under oath or affirmation.

ESSENTIAL ELEMENTS:
- Falsehood must be made under oath or affirmation in civil/criminal proceedings
- Must be proved false and that the accused knew it was false
- Must relate to evidence of fact
- Must be direct and unequivocal
- Must be relevant to the point of issue

30
Q

Define attempting to “Pervert the Course of Justice”

A

A crime at common law and is any overt and intentional action calculated to interfere with either the normal investigation of a crime or the bringing of an offender.

ESSENTIAL ELEMENTS:
- Must be a blatant act to deliberately affect an investigation or evidence

31
Q

Define “Wasting Police Time”

A

A crime at common law committed by any person who maliciously makes a false statement to the police with the intention and effect of causing unnecessary police investigation.

ESSENTIAL ELEMENTS:
- Damage may be caused to the public interest by diverting police resources from normal duties to the needless investigation of the invented story.

32
Q

You are satisfied with the name and address given, however name 3 other reasons you’d arrest an offender for a crime using common law power?

A
  • Refuses to desist
  • No fixed abode
  • In the interest of the offender or interest of public safety
  • Obstruct the course of justice by avoiding arrest
  • Interfering with witness or evidence

Oral Exam (15 decks)

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