Common Offences Flashcards
Theft Definition
Dishonestly appropriate property belonging to another with the intention to permanently deprive
How would you describe taking a motor vehicle to a client
This is taking conveyance (vehicle) without consent of owner for his own or another, either drove or was driven in it
what is a possible defence to the offence of taking a motor vehicle without consent
That the taker had a belief that the owner would have consented if he asked
Robbery Definition (to client)
Robbery is where a person steals something (aka theft of property) whilst using force at the same time
Explain Attempt robbery to a client
Attempt is doing something with preparation in committing robbery
Burglary Definition
Entering a building as a trespasser intending to steal, In the process committing criminal damage or GBH.
How can a person be guilty of handling stolen goods
If you knows/believes the goods to be stolen and he still dishonestly receives, disposes ofor removal of goods
assault definition
The apprehension of immediate unlawful force
battery definition
the application of unlawful force to another
What is the mens rea for assault/battery
Intention/recklessness
what defence is there for battery
There is a common law defence of self-defence
What ABH
This is when you assault/battery
Affray definition
if offender threatens unlawful violence towards another and if his conduct would cause a person of reasonable firmness to fear for personal safety
What are the 3 elements of the that must be satisfied(AFFRAY.AR)
- Offender must use/threaten violence and
- The use or threat must be towards another person
- it would cause a person of reasonable firmness (at the scene) to fear for their safety
What is the MR of affray
D must have the intention to use or threaten violence or aware his conduct may be violent or threaten violence
criminal damage definition
Offender intends to destroy or damage any property belonging to another
MR OF CRIMINAL DAMAGE
Intention or recklessness
s5 of misuse of drugs act
This relates to possession of controlled drugs or PWITS
What prosecution need to prove(drug)
That D had possession/knowledge of possession of the drug
best advice for interview for PWITS
To go no comment, a prepared statement could be useful also.
