Criminal law

Question 1

What is the AR and MR of assault?

Answer 1

AR = Causing the victim to apprehend immediate and unlawful violence

MR = Intention or reckless as to causing the above

Question 2

What is the AR and MR of battery?

Answer 2

AR = Application of unlawful force on another
MR = Intention or reckless

Question 3

What is the AR and MR of s47 OAPA

Answer 3

AR = Assault or battery which causes actual bodily harm
MR = no direct MR, just intention or recklessness of assault or battery

Question 4

What is the AR and MR of s20 OAPA

Answer 4

AR = 2 offences, Maliciously wounding and maliciously inflicting GBH
MR = intend or be reckless as to causing ‘some’ harm

Question 5

What is the AR and MR of s18 OAPA

Answer 5

AR = same as s20, maliciously wounding or maliciously inflicting GBH
MR = D must intend to actually cause serious harm (GBH)
intention can be direct, or oblique (but jury must be sure)

Question 6

What is the AR and MR of theft (sections 1-6 TA 1968)

Answer 6

AR = Appropriates property belonging to another
MR = Dishonestly, with the intention to permanently deprive

Question 7

What is the AR and MR of robbery? (section 8 TA 1968)

Answer 7

AR = AR of theft, using force on any person or puts or seeks to put any person in fear of being and there subjected to force, on any person, and the use or threat of force immediately before or at time of stealing

MR = MR of theft, and intend to use force in order to steal

Robbery is an aggravated form of theft, must establish that D has stolen and therefore s1(1) must be satisfied.

Question 8

What is the AR and MR of burglary section 9(1)(a) TA 1968

Answer 8

AR = D enters a building or part of a building as a trespasser
MR = knowing or being reckless as to entry as a trespasser, at the time of entry D intended any of the ulterior offences in 9(2) (steal, inflict GBH or damage unlawfully the building or anything in)

No need for D to actually commit ulterior offence

Question 9

What is the AR and MR of burglary section 9(1)(b) TA 1968

Answer 9

D enters a building or part of a building as a trespasser, knowing or being reckless as to entry of part of the building
D did one of the following: stole, inflicted GBH, attempted to inflict GBH

s(1)(b) is established at time of the commission or attempted commission of the offence

Question 10

What is the difference between s9(1)(a) and s9(1)(b) (burglary)

Answer 10

Section 9 (1)(a) committed at the point of entry into the building as a trespasser and the defendant must know or be reckless as to entry as a trespasser and intend to commit one of the offences set out in s 9(2): theft, GBH or criminal damage.

Section 9(1)(b) committed when, having entered the building as a trespasser, knowing or being reckless as to entry as a trespasser, the defendant goes on to commit:
- Theft or attempted theft; or
- GBH or attempted GBH.

Note. Although criminal damage is stated as a relevant offence in s 9(2) for the purposes of a s9(1)(a) offence, it is not included in a s 9(1)(b) offence.

Question 11

What is aggravated burglary (section 10, TA 1968)

Answer 11

D will be guilty of this offence if he commits any burglary and at the time has with him any firearm or imitation firearm, any weapon of offence, or any explosive

Question 12

What will amount to a weapon of offence under s10 TA 1968

Answer 12

any article:
- made or adapted for causing injury to or incapacitating a person, or
- which at the time of committing the burglary, D possesses with the intention of causing injury or to incapacitating a person

Question 13

What is the AR and MR of simple criminal damage (s1 CDA 1971)

Answer 13

AR = Damage or destroy property belonging to another without lawful excuse
MR = intention or recklessness as to the damage or destruction of property belonging to another