Crime Flashcards
Abettor
Any person who incites, instigates, encourages, or counsels another to commit a crime
Accessory
Anyone who aides the perpetrator with advice or assistance before or at the time of the crime, or who acts in concert by watching while the crime is committed
Assault
ACACL and is every attack directed to take effect physically on the person of another whether or not actual injury is inflicted
Attempt to pervert the course of justice
ACACL which can be described as any overt and intentional act, calculated to interfere with either the normal investigation of a crime, or the bringing of an offender to justice.
Breach of the Peace
ACACL and is committed by one or more persons conducting themselves in a riotous or disorderly manner, which is severe enough to cause alarm to ordinary people, which threatens serious disturbance to the community
Contempt of Court
Any intentional disrespect or act against the courts authority
Culpable and Reckless Fireraising / Wilful fireraising
Is committed when property is set on fire as a result of a reckless act of accused / committed when a person intentionally sets fire to any form of property.
Culpable homicide
ACACL committed when a person unlawfully kills another, where death is caused by improper conduct, but where the guilt is less than that of murder
Murder
ACACL committed when any person kills another person, without necessary cause, where there is either an intention to kill or a wilful act so reckless as to have an utter disregard for the consequences
Forgery and Uttering / Essential elements
ACACL and consists of the making and publishing of documents feloniously, intended to represent and pass as the genuine works of another / Documents feloniously tendered, to pass as genuine, to the disadvantage of another.
Fraud
Fraud, falsehood and wilful imposition
Hate crime
Any crime which is perceived by the victim or any other person, to be motivated by ill-will or malice towards any social group
House
Any dwelling-house, or any roofed building, finished or unfinished, or any part of a building which is used as a separate dwelling, and is secured against entry by unauthorised persons
Lockfast Place
Includes rooms, cupboards, drawers, safes, desks, cash-boxes, and any other receptacle the contents of which are protected by lock and key
Homicide
Is when one human being kills another person. The person must be self-existent- it cannot be an unborn child. However, if the child has taken it’s first breath, it is immaterial whether the death occurred before complete delivery
Malicious Mischief
ACACL and is the wilful, wanton and malicious damage or destruction to property of another.
Offensive Weapon - Definition
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 some other person.
Perjury / Subornation of Perjury
ACACL committed by any person who wilfully makes a false statement under oath or affirmation / ACACL committed by any person which induces or counsels by any means, a person to give a false testimony in judicial proceedings.
Reset
ACACL committed by any person who receives and keeps property, with the intent of depriving the owner, knowing it has been appropriated by theft, robbery, fraud or embezzlement.
Principal
Person who actually commits the crime
Theft
ACACL committed by any person who takes and appropriates property without the consent of the rightful owner or other lawful authority
Robbery
ACACL committed by any person who feloniously appropriates property of another by violence or threats of violence
Vandalism (Statutory - find Section)
Creates an offence for someone to wilfully or recklessly destroy or damage the property of another without reasonable excuse
Civic Gvt (S) Act 1982 S.54 (Offence)
Creates an offence for any person to;
-sound or play a musical instrument
-sing or perform
-operate a television, radio, record player or any sound producing device
so as to give other persons a reasonable cause for annoyance AND
fails to desist when required by a Constable in uniform
Civic Gvt (S) Act 1982 S.54 (Powers)
- Enter using reasonable force, if necessary, without a warrant
- Seize any noise making equipment
- Retain for 28 days, with the owner liable for storage costs.
Classes of Homicide
Criminal - Murder, Culpable Homicide
Non Criminal - Casual, Justifiable
Criminal justice & Licensing (S) Act 2010 S.38
Creates an offence for any person to conduct themselves in a threatening and abusive manner, where it is likely to place a reasonable person in a state of fear and alarm, where behaviour was intended to cause fear and alarm or they were reckless at to whether it would cause fear and alarm
Civic Gvt (S) Act 1982 S.56
Creates an offence for any person to lay or light a fire in a public place, which either poses a danger to person or property, or which could reasonably cause for alarm and annoyance
Assault - DIMPLER Aggravations
Danger to the victim Intent Mode of perpetration Person who is victim (disabled, child etc) Locus (victims home) Extent of injuries Racially motivated?
Wasting police Time
ACACL committed by any person who maliciously makes a false statement to the police with the intention and effect of causing unnecessary police investigation.
Criminal Law (Consolidation)(S) Act 1995 S.47 Offence and
Defence
Creates an offence for any person to have with them in a public place an offensive weapon.
Defence- reasonable excuse or lawful authority
Criminal Law (Consolidation)(S) Act 1995 S.48 Police power
If a Constable has reasonable cause to suspect a S.47 offence, they may:
- Search person without warrant
- Detain for as long as reasonably necessary to conduct search, provided detained person is informed why.
Criminal Law (Consolidation)(S) Act 1995 S.49 \+ S.49 A plus defences at court for both
Creates an offence for any person to have with them in a public place a bladed or sharply pointed article.
Defence- for work purposes, religious grounds, part of national costume.
S.49A is the same, except it covers school premises, and an additional defence is if it was for educational purposes.
Criminal Law (Consolidation)(S) Act 1995 S.50 Police power
If a Constable has reasonable cause to suspect a S.49 offence, they may:
- Search person without warrant
- Detain for as long as reasonably necessary to conduct search, provided detained person is informed why.
Civic Gvt (S) Act 1982 S.57 (Preventative offence)
Creates an offence for a person to be found, without lawful authority, to be in or on any property, or within the curtilage of a property, or in a vehicle or vessel, so that in all the circumstances it may reasonable be inferred thet they intended to commit theft.
Civic Gvt (S) Act 1982 S.58 (Preventative offence) 'Certain person'
Creates an offence for a certain person who has or has recently had in their possession tools so it can reasonably be inferred that they intend to or have committed theft, AND they cannot satisfactorily demonstrate it was not to commit theft.
‘Certain person’ - someone who has two or more convictions for theft that are not yet spent.
Civic Gvt (S) Act 1982 S. 59(3)
Empowers property owners, tenants, occupiers or any other authorised person of premises to apprehend offenders on their property.
Civic Gvt (S) Act S.60 (Police Power)
Creates power of search if you have reasonable grounds to think they are in possession of stolen property. You may:
- search and detain reasonably
- search vehicle
- seize anything you think is connected to offence
Comms Act 2003 S.127 (a) and (b)
A)Creates offence for any person to send by any means of a public communications network, a message or other, which is grossly offensive, indecent, obscene or menacing in character
B)Creates offence for if for the purposes of causing annoyance, inconvenience or needless anxiety, you:
1)send a message they know to be false
2) cause msg to be sent
3) persistently make use of electronic network for this purpose.
Theft - doctrine of recent possession
- Property was stolen
- Shortly afterwards property has been traced to the constructive possession of the accused
- Accused has no reasonable explanation for this
- There are other incriminating circumstances
Assault - Categories
Direct - deliberate and direct attack
Indirect - Setting a dog on someone, or startling a horse causing the rider to fall
Menaces - violent menace. Verbal threats are not enough but it must include menacing gestures inducing a state of fear
Culpable and reckless conduct - no fixed definition
Culpable and reckless acts which cause injury to others or which create risk of injury - example of throwing items from a height
MDA 71
1) S5(1)
2) S5(2)
1) Makes it unlawful for any person to have a controlled drug in their possession
2) Makes it an offence for any person to have a controlled drug in their possession in contravention to subsection (1) without lawful authority
MDA 71 S.23 (2)
Power of Search
As a constable, if you have reasonable grounds to suspect that any person is in possession of a controlled drug, you may without warrant:-
A) search that person ad detain them for that purpose
B) search any vehicle or vessel, in which you suspect drugs may be found, and for purpose of search require them t step vehicle
C) Seize and detain anything found in the course of the search, which appears to be evidence of a drugs offence
MDA - Reasonable suspicions
SHACKS
Seen Heard Actions Conversation Knowledge (of the person) Smell
Theft HB
1) essential elements
2) Modes of perpetration
1) Overcoming security of house, and unauthorised approp of prop and felonious intent to deprive owner
2) Force, stolen or found key, unauthorised use of key, through an open window (unless window is on ground floor and they can lean in - in which case just theft)
Theft OLP
1) essential elements
2) modes
3) related charges
1) Overcoming security of lock fast place, and unauthorised approp of prop from lockfast place and felonious intent to deprive owner
2) Force, stolen or found key, unauthorised use of key, (not through open window for a vehicle where they can lean in - in which case just theft)
3) OLP with Intent - breaking in, stealing nothing
Attempted OLP with intent - failing to break in but attempting to
RTA 88 S.178
1) Offence 178 (1) (a)
2) Defence 178(2)
1) 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
2) They acted with a reasonable belief that they had lawful authority or owner would have granted permission had she or he asked for it
RTA S.178
1) Offence S178 (1) (b)
2) Defence
1) A person who, knowing that an MV has been so taken, drives it or slows themselves to be carried in or on, without such consent or authority shall be guilty of an offence
2) they had no opportunity to get out of vehicle
Psychoactive Substances Act 2016
Definition of Psychoactive Substance
Section 4 - Producing a Psychoactive Substance - Offence
1) Any substance which is capable of producing psychoactive effects in a person who consumes it, AND is not an exempt substance
2) Offence if person intentionally produces PAS, they know or suspect the substance is a PAS, AND they intend to consume it for PA effects or know or are reckless as to whether it is likely to be consumed by another for PA
Psychoactive Substances Act 2016
A) Section 5 offence
B) Section 7 Offence
C) Section 36 power of search
A) Offence to supply or offer to supply a substance you know or believe to be a PAS
B) offence to possess a substance you know or believe to be a PAS, and intend to supply to another for consumption.
Must have enough of the PAS for supply for this offence to apply
C) Power of search identical to S.23 MDA with exception that you cannot seize PAS in possession if only an amount for personal use
