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Definitions > Crime > Flashcards

Crime Flashcards

0
Q

Accessory

A

Anyone who aids the perpetrator with advice or assistance before or at the time of the crime or who acts in concert by watching whilst the crime is being committed.

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1
Q

Abettor

A

Any person who incites, instigates, encourages or counsels another to commit a crime.

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2
Q

Assault

A

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

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3
Q

Attempt to Pervert the Course of Justice

A

A crime at common law which can be described as any overt and intentional action calculated, to interfere with either the normal investigation of a crime or bringing an offender to justice.

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4
Q

Breach of the Peace

A

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

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5
Q

Contempt of the Court

A

An intentional disrespect or an action against the court’s authority.

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6
Q

Culpable and Reckless Fireraising

A

Is committed when property is set on fire as a result of a reckless act by the accused.

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7
Q

Culpable Homicide

A

Is a crime at common law and is committed by any person who unlawfully kills another person, where death is caused by improper conduct, but guilt is less than murder.

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8
Q

Forgery and Uttering

A

A crime at common law and consists in the making and publishing of writing feloniously intended to represent and pass for the genuine writing of another person.

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9
Q

Fraud

A

1) falsehood
2) fraud
3) wilful imposition

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10
Q

Hate Crime

A

A crime motivated by malice or ill-will towards a social group.

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11
Q

Homicide

A

When a human being kills another human being. The victim must be self sufficient, not an unborn child. But if the child has begun to breathe, it is immaterial that the death took place before complete delivery.

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12
Q

House

A

Includes 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.

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13
Q

Lockfast Place

A

Includes rooms, cupboards, drawers, safes, desks, cash boxes, show-cases and any other receptacle the contents of which are protected by lock and key.

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14
Q

Malicious Mischief

A

A crime at common law constituted by wilful, wanton and malicious destruction of, or damage to the property of another

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15
Q

Murder

A

A crime at common law and is committed when a person kills another without necessary cause and where there is either an intention to kill or a wilful act so reckless as to show utter disregard for the consequences.

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16
Q

Offensive weapon

A

Includes any article made or adapted for the use of causing injury to the person or intended by the person having it with them for such use by either themselves or by some other person.

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17
Q

Perjury

A

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

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18
Q

Principal

A

Is the person who actually commits the crime.

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19
Q

Reset

A

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

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20
Q

Robbery

A

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

21
Q

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 in judicial proceedings.

22
Q

Theft

A

A crime at common law and is the taking and appropriation of property without the consent of the rightful owner or other lawful authority.

23
Q

Vandalism (S52 Criminal Law (Consolidation)(Scotland) Act 1995)

A

Creates an offence for any person to wilfully or recklessly destroy or damage the property of another without reasonable excuse.

24
Q

Wasting Police Time

A

Is 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.

25
Q

Wilful Fireraising

A

Committed when a person intentionally sets fire to any form of property.

26
Q

Section 1 Sexual Offences Act 2009

A

Intentionally or recklessly penetrating the victim’s vagina, anus or mouth with their penis in circumstances where the victim does not consent and the accused has no reasonable belief the victim is consenting to the penetration. The accused must have a penis. The victim can be male or female.

27
Q

Section 2 Sexual Offences Act 2009 - Sexual Assault

A

Intentionally or recklessly sexually penetrating the victim’s vagina or anus with any part of the perpetrator’s body or anything else in circumstances where the victim does not consent and the accused has no reasonable belief that the victim is consenting to the penetration. Victim can be either male or female. Assailant can be male or female.

28
Q

Section 3 Sexual Offences Act 2009 - Sexual Assault

A

1) penetrating the victim’s vagina, anus or mouth by any means in a sexual way
2) touching the victim in a sexual way
3) having any other sexual physical contact with the victim, whether directly or through clothing and whether with a body part or implement.
4) ejaculating semen onto the victim
5) emitting urine or saliva onto the victim sexually.

29
Q

Section 54 Civic Government (Scotland) Act 1982

A

Any person who
A) sounds or plays any musical instrument
B) sings or performs, or
C) operates any radio, TVs, record player, tape recorder or other sound making device, so as to give any reasonable cause for annoyance and fails to desist on being required to do so by a constable in uniform shall be guilty of an offence.

30
Q

Section 57 of the Civic Government (Scotland) Act 1982

A

Creates an offence for any person to be found without lawful authority in or on any building or other premise or within its curtilage or in a vehicle or vessel so that in all circumstances it may be reasonably inferred that they intended to commit “theft”.

31
Q

Section 58 of the Civic Government (Scotland) Act 1982

A

Creates an offence for a certain person who
I) has or recently had in their possession any tool or other object from the possession of which it may reasonably be inferred that they intended to or have committed theft, AND
II) is unable to demonstrate satisfactorily that their possession of such tool or other objects is or was not for the purposes of committing theft.
Can be committed in public places.

32
Q

Section 38 - Criminal Justice and Licensing Act 2010

A

Creates an offence to

  • behave in a threatening or abusive manner
  • such behaviour is likely to cause fear and alarm and
  • the person intends to cause fear or alarm or
  • is reckless as to whether behaviour would cause fear and alarm.
33
Q

Section 47 criminal law (consolidation) (Scotland) act 1995

A

Creates an offence for any person who

- has with him in any public place any offensive weapon

34
Q

Section 49(1) criminal law (consolidation) ( Scotland) act 1995

A

States that it is an offence to have in a public place a bladed or sharply pointed article.

Defences

  • use at work
  • religious reasons
  • part of a national costume
35
Q

Section 4(1) misuse of drugs act 1971

A

Makes it unlawful for a person to:-
A) produce a controlled drug, or to
B) supply or offer to supply a controlled drug to another

36
Q

section 4(2) MODA 1971

A

Creates an offence for a person to:
A) produce a controlled drug in contravention of subsection 1, to to
B) be concerned in the production of such a drug in contravention of that subsection by another.

37
Q

section 4(3) MODA 1971

A

Creates an offence for a person to:-
A) supply or offer to supply a controlled drug to another in contravention of subsection 1 or to
B) be concerned in the supplying of such a drug to another in contravention of that subsection

38
Q

Section 5(1) of MODA 1971

A

Makes it unlawful for any person to have a controlled drug in their possession.

39
Q

Section 5(2) of MODA 1971

A

Makes it an offence for any person to have a controlled drug in their possession in contravention of subsection 1 without lawful authority. The amount is immaterial.

40
Q

Section 5(3) MODA 1971

A

Makes it an offence for any person to have a controlled drug in their possession, whether lawfully or not with intent to supply it to another in contravention of subsection 1.

41
Q

Section 5(4) of MODA 1971

A

A person accused of unlawful possession must prove

1) suspecting it was a controlled drug, they took possession of it for the purpose of preventing another from committing or continuing to commit an offence in connection with that drug, and
2) as soon as possible after taking possession of it they took all such steps as were reasonably open to destroy the drug or to deliver it into custody of a person lawfully entitled to possess the drug.

42
Q

Section 8 MODA 1971

A

Creates an offence for the occupier or the manager of any premises to knowingly permit or suffer the premises to be used for any of the following purposes:-

  • unlawfully producing or attempting to produce a controlled drug
  • unlawfully supplying or attempting to supply a controlled drug
  • preparing opium for smoking; or
  • smoking cannabis, cannabis resin or prepared opium.
43
Q

Section 50A(1)(a) of the criminal (consolidation)(Scotland) Act 1995

A

A person is guilty of an offence if they pursue a racially aggravated course of conduct which amounts to harassment of a person and it -

  • is intended to amount to harassment of that person, or
  • occurs in circumstances where it would appear to a reasonable person that it would amount to harassment of that person.
44
Q

Section50A(1)(b) criminal(consolidation)(Scotland) act 1995

A

States that a person is guilty of an offence under this section if they act in a manner which is racially aggravated and which

  • causes or
  • is intended to cause, a person alarm or distress.
45
Q

Section 56 Civic Government (Scotland) Act 1982

A

Creates an offence for any person to lay or light a fire in any “public place” as so to

Cause any danger to persons or property; or

Give reasonable cause for alarm.

46
Q

DIMPLER

A 
D - danger to victim
I - intent (eg to kill, rob, ravish)
M - mode or perpetration
P - perpetrator eg position of trust, police etc.
L - locus
E - extent of injury 
R - racial motivation.
47
Q

Section178(1)(a) of the RTA 1988

A 
States that a person who:-
- takes and drives away a motor vehicle
- without the consent of the owner, or
- other lawful authority
Shall be guilty of an offence

Essential Elements
A. The mv has been taken away
B. The mv has been driven
C. There was no consent from the owner to do this
D. There was no other lawful authority to do this.

48
Q

Section 178(1)(b) RTA 1988

A 
Provides that a person who:-
- knowing that a mv has been so taken
- drives it or allows themselves to be carried in or on it
- without such consent or authority,
Shall be guilty of an offence.

Essential Elements

  1. Knowledge that the mv has been taken without the owners consent or other lawful authority
  2. Driven the mv or allowed themselves to be carried in it
  3. No consent of the owner to do this
  4. No lawful authority to do this.
49
Q

Section 37 sexual offences act 2009

A

An older child who intentionally or recklessly penetrates sexually another child’s vagina, anus or mouth with a penis or intentionally touches an other older child’s vagina, anus or penis with his or her mouth commits the offence of “engaging with an older child in sexual conduct with another older child.

Definitions (5 decks)

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