Criminal Flashcards
common assault
AR:
D must cause V to fear application of immediate, physical unlawful force.
MR:
Intent/recklessness to fear immediate force
Battery
AR:
Apply direct unlawful force to V.
MR: Intention/Recklessness to apply unlawful force to V
s47 OAPA
AR:
D must commit assault or battery which causes ABH to V.
MR:
Same as battery/assault , intention or recklessness
s20 OAPA
AR:
Must inflict a wound or GBH
MR:
Intention/Recklessness to cause some harm
s18 OAPA
AR:
Same as s20, To wound or cause GBH
MR:
Intention to cause GBH or Inention to resist or prevent a lawful arrest or detention.
s1 Theft Act
AR: Appropriate property belonging to another
MR: Intent to permanently deprive another
s8 Theft Act
AR:
Theft with force to steal immediately before or at the time of stealing in order to steal
MR:
Dishonesty and intention to permanently deprive
s9(1)(a) Theft Act
AR: Enter building or part as trespasser
MR:
Intention to commit theft, GBH or criminal damage
s9(1)(b) Theft Act
AR: D enters building as a trespasser then attempts/steals/causes GBH
MR: Knowing/being reckless as to entering as trespasser.
If stealing dishonesty intent to deprive
s10 Theft Act
With weapon rest same as s9
Simple criminal damage
AR: destroy or damage property belonging to another without lawful excuse
MR; Intent/Recklessness to destroy/damage property
defences
Consent of owner
Protect property
Has to genuinely believe