Criminal

Question 1

Theft

Answer 1

Dishonest appropriation of property belonging to another with the intention of permanently depriving the other of it

Question 2

Theft: when is intent determined?

Answer 2

At the time of the appropriation

Question 3

Robbery

Answer 3

Commit theft and, immediately before or at the same time, they use force on a person or put any person in fear of then-and-there being subjected to force in able to steal

Question 4

Burglary by trespass with intent s9(1)(a)

Answer 4

Knowing or recklessly enter a building or part of building as a trespasser with any part of their body
With the intent to:
1. Steal
2. Inflict GBH
3. Cause criminal damage
Doesn’t matter if they actually do: if there is intention to do so at time of entry, the crime is committed
Committed at time of entry

Question 5

Burglary by offences committed following a trespassers entry under s9(1)(b)

Answer 5

Knowing or recklessly entered a (part of a) building as a trespasser with any part of their body
Does not have to enter w intention to steal, inflict GBH or cause crim damage
But after entering the building they actually steal, attempt to steal, inflicted GBH or attempted to inflict GBH

Committed at time of underlying offence
Know they are a trespasser
Have mens rea of underlying offence

Question 6

Aggravated burglary

Answer 6

If while committing burglary have:
-firearm or imitation
-weapon (any article made or used to cause or intending to cause injury)
-an explosive

For 9(1)(a), must be in their possession at time of entry
S9(1)(b), must be in possession at time of commission of underlying offence
Don’t need to establish attempt to use weapon, just that they had it at time of burglary

Question 7

Strict liability offence

Answer 7

doesn’t require any mental state, just the act

Question 8

evidential burden of proof

Answer 8

burden of raising certain defences

Question 9

legal burden of proof

Answer 9

once defence raises a defence, prosecution has the burden of disproving that defence beyond a reasonable doubt

Question 10

Elements of defence of loss of control

Answer 10

Loss of control, qualifying trigger and another in the defendant’s position, sharing their qualities, might have reacted in the same way

Question 11

Qualifying trigger for purposes of defence of loss of control

Answer 11

Fear of serious violence or things said or done constituting circumstances of an extremely grave character which gave the defendant a justifiable sense of being seriously wronged

Question 12

Who is burden of proof on for loss of control defence

Answer 12

Prosecution

Question 13

Definition of theft

Answer 13

Dishonest appropriation of property belonging to another with intention to permanently deprive the other of it

Question 14

Definition of dishonesty for the purposes of theft

Answer 14

Whether the defendant’s behaviour is dishonest by the standards of reasonable and honest people

Question 15

Requirements for defence of self-defence

Answer 15

Subjective belief that use of force was immediately required
Level of force used was objectively reasonable/proportionate in the circumstances as the defendant believed them to be

Question 16

Requirements for defence of necessity

Answer 16

Act required to avoid some inevitable and irreparable evil
Defendant only did what was reasonably necessary
Evil inflicted was not disproportionate to evil avoided

Question 17

Restrictions of defence of duress

Answer 17

Offence cannot be murder or attempted murder
Must be threat of death or serious bodily injury
Person of reasonable firmness w defendants characteristics would have acted the same