Criminal Law 2 Flashcards
1
Q
What is the definition of murder in the context of homicide offences?
A
Defendant caused death intending to kill or cause serious injury or being aware that death or serious injury was a virtual certainty.
2
Q
What distinguishes voluntary manslaughter from murder?
A
Defendant has the actus reus and mens rea of murder but can rely on a partial defence of diminished responsibility, loss of control or suicide pact.
3
Q
What is involuntary manslaughter?
A
Defendant did not intend to cause death or serious injury but has caused death in a way that is nonetheless sufficiently culpable for criminal liability.
4
Q
Define constructive manslaughter.
A
Defendant did an unlawful act that was objectively dangerous in that it carried a risk of harm, and it did, in fact, cause the defendant’s death.
5
Q
What is gross negligence manslaughter?
A
Defendant did not intend to cause any harm nor did he foresee that it was likely that harm would occur but he did cause the victim’s death by acting in breach of duty.
6
Q
True or False: Reckless manslaughter is widely accepted as a distinct category.
A
False.
7
Q
What are the three requirements for constructive manslaughter?
A
- There must be an unlawful act with actus reus and mens rea of some other criminal offence
- The unlawful act must be dangerous, carrying an objective risk of harm
- The unlawful act must have caused the victim’s death.
8
Q
What does ‘factual causation’ refer to?
A
‘But for’ the defendant’s unlawful and dangerous act, would the victim have died at the time he did in the way that he did?
9
Q
What is ‘legal causation’ in the context of manslaughter?
A
The defendant’s unlawful and dangerous act need not be the sole or even the main cause provided it is a cause.
10
Q
What is a novus actus interveniens?
A
The act of the victim will only break the chain of causation if they are ‘so daft’ as to be unforeseeable.
11
Q
What are the five requirements for gross negligence manslaughter?
A
- Defendant must owe a duty of care to the victim
- Duty of care must be breached
- Breach of duty must have caused death according to the ordinary rules of factual and legal causation
- A reasonable person must have foreseen a serious and obvious risk of death
- Breach of duty must be so bad that it amounts to gross negligence.
12
Q
Fill in the blank: The breach of duty must be so bad that it amounts to _______ that is appropriate for the imposition of criminal liability.
A
[gross negligence]
13
Q
What gap in the law is raised concerning drug dealers and manslaughter liability?
A
Can a drug dealer who sells heroin be liable for manslaughter if the person who buys it takes the drug and dies?
14
Q
How does Lord Justice Evans view the term ‘reckless’ in cases of involuntary manslaughter?
A
He considered it perfectly appropriate that the word ‘reckless’ be used in cases of involuntary manslaughter in the ordinary connotation of the word.
15
Q
What is the difference between direct intention and oblique intention?
A
- Direct intention: Defendant wants to cause death or serious injury
- Oblique intention: Defendant does not want to cause death or serious injury but realizes it is a virtually certain consequence of his actions.
16
Q
Define recklessness in the context of involuntary manslaughter.
A
Defendant does not want to cause death or serious injury but realizes that there is a risk that this will result from his actions.
17
Q
A
18
Q
Why does the criminal law prohibit touching?
A
Law cannot draw line between different degrees of violence and totally prohibits first and lowest stages of it
Every man’s person being sacred and no other having the right to meddle with it, even in the slightest manner.
19
Q
What historical aspect does criminal law protect against?
A
Historically non-fatal offences protected against physical harm and upheld personal autonomy
In recent years, criminal law has expanded to protect against psychological harm.
20
Q
Define common assault.
A
Any act that causes apprehension of immediate unlawful violence.
21
Q
Define battery.
A
An act that results in unlawful personal violence (non-consensual touching).
22
Q
What is the key difference between assault and battery?
A
Assault covers everything that happens prior to physical contact; battery is the actual physical contact.
23
Q
What is battery only?
A
Defendant makes physical contact with the victim without prior apprehension of attack.
24
Q
Provide an example of battery only.
A
Walking across campus in dark and someone grabs you from behind.
25
What is assault only?
Defendant causes victim to apprehend immediate unlawful violence without physical attack.
26
Provide an example of assault only.
You see a clown running towards you shouting and waving his arms.
27
What constitutes assault and battery?
Defendant makes moves to attack (assault) and makes contact with the victim (battery).
28
Provide an example of assault and battery.
A clown jumps out in front of you and swings a punch, hitting you in the face.
29
What is the actus reus of assault?
Any act that causes the victim to apprehend immediate unlawful violence.
30
What was significant about the HoL ruling in 1998 regarding assault?
Requirement to have words along with act was removed; a thing said is a thing done.
31
What does the immediacy requirement mean in assault?
Immediacy means imminent, not instantaneous.
32
Differentiate between apprehension and fear in the context of assault.
Apprehension is not the same as fear; it involves interpreting an action as threatening.
33
What are the two elements of apprehension in assault?
* Some kind of action by the defendant
* Victim must interpret the action as threatening.
34
What is the mens rea for assault?
Intention to cause the victim to apprehend immediate unlawful violence or recklessness thereto.
35
What is subjective recklessness in the context of assault?
Did the defendant foresee a risk that the victim would apprehend immediate unlawful violence?
36
What constitutes the actus reus of battery?
Actual infliction of unlawful force on the body of another.
37
What is the mens rea for battery?
Intention to inflict unlawful force or subjective recklessness thereto.
38
What does touching include in the context of battery?
Direct or indirect touching, including touching a person’s clothes.
39
Is there a requirement for harm in battery?
No requirement for harm; touching alone will suffice.
40
What negates the unlawfulness of battery?
Express or implied consent.
41
What is implied consent in the context of battery?
Consent to accommodate the exigencies of everyday life, acknowledging some unwanted contact is inevitable.
42
43
What is the actus reus for assault occasioning actual bodily harm?
An assault or battery that occasions actual bodily harm
## Footnote
This refers to the physical act that leads to actual bodily harm.
44
What is the mens rea for assault occasioning actual bodily harm?
The mens rea for assault or battery only
## Footnote
This indicates that intent or recklessness regarding the assault or battery suffices.
45
What defences may apply in cases of assault occasioning actual bodily harm?
Express or implied consent if the law permits consent as a defence
General defences may apply
## Footnote
Consent must be legally recognized for it to be a valid defence.
46
What does section 47 of the Offences Against the Person Act 1861 pertain to?
Assault or battery involving bodily harm
## Footnote
This section outlines aggravated offences involving bodily harm.
47
What is required for an offence under section 47 to be established?
Establish the harm first and the means by which it was caused thereafter
## Footnote
This reflects the hierarchical nature of non-fatal offences.
48
What constitutes bodily harm?
Injury to victim’s state of mind for time being, including organs, nervous system, and brain
## Footnote
Psychological injury can count, but mere emotions are excluded.
49
What factors may indicate that a level of injury amounts to actual bodily harm?
Circumstances of assault, use of weapons, victim's vulnerability, or repeated threats
## Footnote
More serious circumstances can elevate the nature of the offence.
50
What is the relationship between the defendant's actions and the victim's injury in non-fatal offences?
A link must be established through causation
## Footnote
Each offence includes a causal word to establish this link.
51
What is factual causation?
'But for' the defendant’s actions, would the victim have sustained this injury?
## Footnote
This is a test to determine the direct cause of the injury.
52
What does legal causation require?
Defendant’s act need not be sole or main cause provided it is a cause
## Footnote
This allows for multiple contributing factors to the injury.
53
What is novus actus interveniens?
An act of the victim that will only break the chain of causation if it is unforeseeable
## Footnote
This concept addresses intervening acts that could impact liability.
54
What is the definition of grievous bodily harm (GBH)?
Really serious harm, including permanent disability or serious psychiatric injury
## Footnote
GBH encompasses severe injuries that have lasting impacts.
55
What are the two ways in which the actus reus of GBH can be satisfied?
* A wound
* Inflicting grievous bodily harm
## Footnote
A wound is a break in the continuity of both layers of the skin.
56
What is the mens rea for section 20 offences?
Intention or foresight of a risk of some harm
## Footnote
The defendant must foresee the risk, even if not the full extent of harm.
57
What must the defendant intend to establish liability for grievous bodily harm with intent?
An intention to cause GBH rather than a more general intention to cause harm
## Footnote
Specific intent to cause serious harm is necessary for liability.
58
What should be assessed first in liability analysis?
What harm has the victim suffered?
## Footnote
This includes evaluating the type and seriousness of the injury.
59
What is the correspondence principle in relation to mens rea?
Actus reus and mens rea of an offence ought to match
## Footnote
This principle prevents constructive criminal liability based on lesser mental elements.
60
True or False: Psychological harm can amount to bodily harm.
True
## Footnote
However, mere emotional distress does not qualify.
61
62
What is the ulterior intent requirement in the context of s18?
Defendant must have an intention to cause GBH rather than a more general intention to cause harm.
63
Does intention to wound suffice for s18?
No, intention to wound will not suffice.
64
What must the defendant be aware of to be liable for resisting arrest?
Defendant must be aware of the arrest.
65
What happens if a defendant mistakenly believes he is being attacked?
He is not acting with the requisite intention.
66
What is required for an arrest to be lawful?
The arrest must be lawful.
67
Will resisting an unlawful arrest satisfy the ulterior intent requirement?
No, resisting an unlawful arrest will not satisfy the ulterior intent requirement.
68
What should the structure of a legal analysis start with?
Start with an issue statement.
69
What two elements are part of the mens rea of s18?
* Malice
* Ulterior intent
70
When should you start considering malice in the analysis of s18?
Only after establishing ulterior intent.
71
How should the actus reus be defined?
We never define offences as definition is set out in actus reus and mens rea statements.
72
What is the overarching policy consideration regarding consent?
It is not in the public interest that people should try to cause, or should cause, each other bodily harm for no good reason.
73
What is the tension demonstrated by the defense of consent?
The tension between autonomy and paternalism.
74
What was the ruling in R v Brown regarding consent?
HoL refused to accept the defense of consent in relation to injuries inflicted as part of sado-masochistic activities.
75
What does R v Wilson emphasize about consensual activity?
Consensual activity between husband and wife in privacy is not normally a matter for criminal prosecution.
76
What were the procedures in R v BM that were ruled against?
Procedures performed without anaesthetic, including removal of a customer's ear and nipple.
77
What is a consent paradox?
An individual has given consent but this consent is not considered valid by the law as the harm is not for good reason.
78
What is the difference between express consent and implied consent?
* Express consent: Victim has explicitly agreed to the injury.
* Implied consent: Victim has not agreed, but law deems it implied.
79
What happens when consent is obtained by fraud?
Consent will not be valid if it relates to the identity of the defendant or the nature of the act.
80
In R v Richardson, what was ruled about fraud vitiating consent?
Fraud did not vitiate consent as it did not relate to her identity.
81
What did R v Tabassum determine about consent and fraud?
The defendant's fraud vitiated consent because it related to the nature of the act.
82
What was the conclusion in Clarence (1888) regarding consent and STDs?
The act was lawful as the victim consented to intercourse, making consequences not unlawful.
83
84
What is the total number of Crown Court trials listed?
2616
85
How many guilty pleas were recorded in the trials?
958
86
What is one reason cited for the low conviction rates of rape?
Jury perception influenced by rape myths
87
True or False: Rape only happens in dark alleys.
False
88
What does 'actus reus' refer to in the context of rape?
Penile penetration of the victim’s vagina, anus or mouth
89
According to the Sexual Offences Act 2003, what must be present throughout sexual activity?
Consent
90
What is the mens rea requirement in rape cases?
Intention to penetrate and lack of reasonable belief in consent
91
Fill in the blank: Consent is a _______ state of mind, not a state of action.
transformative
92
What does section 76 of the Sexual Offences Act 2003 provide?
Conclusive presumption of non-consent in narrow situations
93
What does section 75 establish regarding consent?
Evidential presumption; burden shifts to defendant to prove consent
94
What is the general definition of consent under section 74?
Agreement by choice when a person has freedom and capacity to choose
95
What is the significance of section 76 in terms of prosecution?
Prosecution only needs to prove one of three deceptions to establish guilt
96
What are the three deceptions outlined in section 76?
* Nature of act
* Purpose of act
* Identity of defendant
97
What does section 75 require for the burden of proof to shift to the defendant?
Existence of one of six specific circumstances
98
What must the prosecution prove under section 74?
* Victim did not consent
* Defendant lacked reasonable belief in consent
99
True or False: Drunken consent is always considered invalid.
False
100
According to R v Bree 2007, what happens if a victim is intoxicated?
Capacity to consent may be lost if intoxication is severe
101
What principle follows regarding intention in all sexual offences?
Drunken intent is still intent
102
Fill in the blank: The shift to _______ means that a genuine belief in consent may still lead to conviction if deemed unreasonable.
objectivity
103
What does the order of liability analysis in rape consist of?
* Penetration
* Consent
* Intention
* Conclusive presumption
* Evidential presumptions
* Reasonable belief
104
What is the key consideration in the reasonable belief of consent?
Was the belief reasonable in light of steps taken to ascertain consent?
105
What are the 6 circumstances under s75 SOA 2003
Victim was subject to violence or was in fear of violence
Violence was used or threatened against any other person
Victim was unlawfully detained at the time and the defendant was not
Victim was asleep or otherwise unconscious
Victim was not able to communicate due to physical disability
Substance had been administered to the victim which stupefied or overpowered them
106
R v Kennedy
* Victim is supplied heroin and syringe by Kennedy
* Victim dies of effects
* At trial Kennedy convicted of manslaughter
* First appeal in 2005 ruling is sustained
* Second appeal in 2007 ruling is overturned by HoL as vctim was competent adult who broke chain of causation with his free will and choice to take heroin
107
108
What is the actus reus of rape?
Penetration of the vagina, anus or mouth of the victim with the defendant’s penis
## Footnote
Also requires absence of consent.
109
What constitutes the mens rea for rape?
Intention to penetrate and lack of reasonable belief in consent
## Footnote
Both elements must be present.
110
What is the actus reus of assault by penetration?
Penetration of the vagina or anus of the victim with a part of the defendant’s body or anything else
## Footnote
Must be sexual in nature and absence of consent.
111
What is the mens rea for assault by penetration?
Intention to penetrate and lack of reasonable belief in consent.
112
What is the actus reus of sexual assault?
Touching that must be sexual in nature and absence of consent.
113
What is the mens rea for sexual assault?
Intention to touch and lack of reasonable belief in consent.
114
What is the difference between rape and assault by penetration?
The nature of the conduct; rape involves penetration with the penis, while assault by penetration involves any part of the body or object.
115
What requirement differentiates assault by penetration from medical procedures?
The penetration must be sexual in nature.
116
How is 'sexual' defined in the context of penetration/touching?
Determined by a reasonable person’s view of the nature of the penetration or touching.
117
What are the age-related categories for sexual offences against children?
Under 13 = absolutely wrong; Aged 13-15 = ought not to engage.
118
What is the consequence of a mistake about the victim's age if the victim is 13-15?
No liability if the mistake is reasonable; liable under s9 if D is 18 or over.
119
What happens if a defendant mistakenly thinks a victim under 13 is 16 or over?
Liability is unavoidable based on conduct.
120
What does the law state about consent for children under 16?
Children under 16 cannot legally consent to sexual activity.
121
What is the implication of a child under 13 giving consent?
Consent is irrelevant; they are legally disabled from giving consent.
122
What must be established for a defendant to avoid liability regarding age?
Reasonable belief in the victim's age.
123
What section deals with sexual activity with a child by an adult?
s9 for defendants 18 or over.
124
What section deals with sexual activity with a child by a child?
s13 for defendants under 18.
125
What are the penalties for sexual offences against children under 13?
S5 for rape, S6 for assault by penetration, S7 for sexual assault.
126
127
What are the components of the liability structure for theft?
Actus reus and mens rea
## Footnote
Actus reus includes appropriation, property, and belonging to another. Mens rea includes intention to permanently deprive and dishonesty.
128
Define appropriation in the context of theft.
Assumption of any one of the owner’s rights
## Footnote
Appropriation can occur with or without the owner’s consent.
129
What is meant by 'property' under the Theft Act 1968?
Tangible and intangible property
## Footnote
Tangible property includes things that can be touched, while intangible property includes items like bitcoin.
130
What are the categories of property defined in Section 4 of the Theft Act 1968?
* Tangible property
* Real property
* Personal property
* Intangible property
* Things in action
## Footnote
Living plants and creatures are treated differently under specific sections.
131
How does Section 5 define 'belonging to another'?
Possession, control, proprietary right
## Footnote
Property can belong to more than one person simultaneously.
132
What does Section 5(3) state about property received with an obligation?
It no longer belongs to the giver under s5(1)
## Footnote
The recipient must use the property as intended.
133
What is the implication of Section 5(4) regarding property received by mistake?
Property still belongs to the sender
## Footnote
Failing to return it could lead to a charge of theft.
134
What constitutes 'intention to permanently deprive' under Section 6?
A state of mind, not a state of fact
## Footnote
Liability persists regardless of whether the defendant changes their mind.
135
What is the Ivey Test related to dishonesty?
Two-stage test: actual knowledge and ordinary standards
## Footnote
It replaced the Ghosh test and focuses on the objective test of dishonesty.
136
What does Section 2 state regarding dishonesty?
Situations where a person is not considered dishonest
## Footnote
This is a negation of mens rea, not a defence.
137
What are the elements of theft?
* Property
* Belonging to another
* Appropriation
* Intention to permanently deprive
* Dishonesty
## Footnote
Each element must be established to prove theft.
138
Is dishonesty defined in the Theft Act?
No, the statute does not define dishonesty
## Footnote
Dishonesty is assessed through the Ivey Test.
139
What does the law prioritize in relation to wild plants and animals?
Entitlement rather than value
## Footnote
Protecting entitlement to property earned, irrespective of payment.
140
What is the maximum prison sentece for theft
7 yrs
141
142
What action did D take regarding supermarket goods?
D switched labels on supermarket goods to purchase more expensive goods at a lower price.
143
What was D charged with after the incident?
D was charged with theft.
144
What was the initial verdict of the Crown Court?
Guilty of theft.
145
What was the outcome of D's appeal in the Court of Appeal?
Conviction upheld on appeal.
146
What was the final decision made by the House of Lords regarding D's appeal?
Appeal dismissed.
147
What assumption did D make when swapping the labels?
D assumed 'a' right of the owner (the right to price the goods).
148
Did the assumption of a right by D constitute appropriation?
Yes, it was sufficient to amount to an appropriation at that point.
149
150
What is the exception regarding D's payment for property?
This exception only applies if D paid for the property—it does not cover gifts.
151
What can D still be guilty of if she claims to own property she did not pay for?
Handling stolen goods or committing fraud.
152
What must D have taken for theft to occur?
Something that counts as 'property' under the law.
153
What is the broad definition of property according to the Theft Act 1968 (Section 4)?
Property includes real property, personal property, and intangible rights, with certain exceptions.
154
What does real property refer to?
Land.
155
What does personal property include?
Everything that isn’t land, including illegal items.
156
Fill in the blank: Things in action are _______.
intangible rights, like money in a bank account.
157
What happens if D dishonestly transfers money from V's account?
D is stealing V's right to claim that money from the bank.
158
In AG of Hong Kong v Chan Nai-Keung, what was considered intangible property?
Export quotas.
159
What right is created when V writes a cheque to D?
A right for D to claim money from V's bank.
160
When does theft occur in relation to cheques?
When D presents the cheque and causes money to be transferred from V's account.
161
True or False: D is guilty of theft the moment they receive a cheque from V.
False.
162
What is a possible classification for a cheque according to legal definitions?
A 'valuable security'.
163
What must D intend when taking property for it to be considered theft?
To permanently deprive V of their property.
164
Does D need to benefit from the theft for it to be considered theft?
No, D does not need to benefit from the theft.
165
What matters regarding D's actions after taking the property?
What D intended at the time of taking.
166
Example: If D takes V’s watch intending to keep it but later returns it, is it theft?
Yes, it is still theft.
167
If D takes V's watch planning to return it and later loses it, is it theft?
No, because there was no intention to permanently deprive at the start.
168
What constitutes demanding payment for return as theft?
It shows intention to permanently deprive.
169
Example: If D steals a theatre ticket and only plans to return it once the theatre lets them in, is this theft?
Yes, this is still theft.
170
What happens if D plans to swap an item for an identical one?
It is still theft because V loses their original item.
171
In the Velumyl case, what was the ruling regarding taking cash from a till?
It is still theft even if D plans to replace it with different notes.
172
If D takes something and returns it with its value fully removed, is this theft?
Yes, this is clearly theft.
173
Example: If D steals a car and returns it after setting it on fire, is this theft?
Yes, it is theft.
174
What did the court rule in Lloyd (1985) regarding borrowing films?
It wasn't theft because D didn’t remove enough value to count as outright taking.
175
If D takes V’s property with the plan to discard it, is this theft?
Yes, this is theft.
176
Example: If D throws V’s pin into a haystack, is this theft?
Yes, this is theft.
177
What happens if D leaves the property in a way that makes it easy to find?
It may not be theft.
178
In Mitchell (2008), what was ruled regarding robbers who abandoned a stolen car?
It wasn’t theft because it was likely the owner would get the car back.
179
What is a conditional intention in theft?
If D takes something but only plans to keep it under certain conditions, it counts as intention to permanently deprive.
180
Example: If D takes V’s jewellery but only keeps it if the stones are real, is this theft?
Yes, this is theft.
181
What did courts confirm about 'conditional intention'?
It is still theft.
182
What are the three requirements for theft to occur?
* Take someone else's property
* Intend to keep it permanently
* Do so dishonestly
183
What is the significance of dishonesty in the context of theft?
Dishonesty is key in deciding what should actually be considered theft
184
Does the Theft Act 1968 define dishonesty?
No, it does not define dishonesty
185
What does Section 2 of the Theft Act 1968 provide?
It lists three examples where D is not dishonest
186
What is the first step in the Ivey Test for deciding dishonesty?
What did D actually believe? (Subjective Test)
187
In the Ivey Test, what does the subjective test focus on?
What D knew or believed at the time
188
How did the Ivey case impact the consideration of D's moral views?
D’s own moral views don’t matter
189
What was the outcome of the Hayes (2015) case regarding industry norms?
The court rejected the argument that industry norms change the legal definition of dishonesty
190
What must be considered if D genuinely believed something affecting their actions?
This belief is relevant in the next step of the Ivey Test
191
What is the second step in the Ivey Test for deciding dishonesty?
Was D’s conduct dishonest by normal standards? (Objective Test)
192
What does the objective test in the Ivey Test assess?
Whether ordinary decent people would see D’s actions as dishonest
193
Can D set their own standards of honesty in the objective test?
No, D can’t set their own standards of honesty
194
What assumption do courts make about society in relation to dishonesty?
Courts assume society has a common understanding of dishonesty
195
What is a key takeaway regarding dishonesty in theft?
Dishonesty in theft is tested in two steps: * What did D actually believe? (Subjective) * Would normal people think D’s actions were dishonest? (Objective)
196
197
What is the definition of robbery according to the Theft Act 1968, s8?
Theft plus 3 elements: * Force or fear of force on any person * Immediately before or at the time of the theft * In order to steal
198
What is the mens rea for robbery?
Intention to use force or to create fear that force will be used
199
What must be done to establish liability for robbery?
Theft or attempted theft
200
How must the theft or attempted theft be committed in robbery?
With actual or threatened force
201
To whom must the force be applied in a robbery?
Any person
202
When must the force be applied in a robbery?
Before or at the time of the theft
203
Why must force be used in a robbery?
In order to steal
204
What can cause confusion when analyzing robbery liability?
Merging the elements of theft with the additional requirements of robbery
205
What is an example of a robbery scenario?
The defendant knocked the victim to the ground and took her handbag
206
What is the actus reus of robbery?
Appropriation of property belonging to another plus force used at the time of the theft and in order to steal
207
What is the mens rea of robbery?
Intention to permanently deprive, dishonesty, and intention to use force or to make the victim think that force will be used
208
What level of force may be used in a robbery?
The level of force used may be minimal
209
True or False: Threats of force may suffice for robbery.
True
210
What must the force be used for in robbery?
For the purpose of facilitating theft
211
What is the significance of 'on any person' in robbery?
No requirement that force must be used or threatened against the owner of the property that is stolen
212
What is the definition of burglary according to the Theft Act 1968, s9?
Entry into a building or part of a building as a trespasser with the intention to commit theft, cause serious harm, or damage property
213
What are the common features of burglary?
* Entry * Building/part of * As a trespasser
214
What does S9(1)(a) of the Theft Act describe?
Thinking offence with intention to commit theft, cause serious harm, or damage property
215
What does S9(1)(b) of the Theft Act describe?
Doing offence by committing/attempting theft or causing serious harm
216
What is required for the actus reus of burglary?
Entry as a trespasser into a building or part of a building
217
What is the mens rea for burglary?
Intention to commit one of the ulterior offences and intention or recklessness as to trespass
218
Is trespass a criminal offence?
No, it is a tort
219
What does exceeding permission to enter imply in burglary?
The defendant must be aware that he does not, or may not, have permission
220
What is the significance of conditional intent in burglary?
It will satisfy the ulterior intent requirement of s9(1)(a)
221
What must a defendant intend to do inside a building for s9(1)(a) burglary?
* Intention to steal something inside the building * Cause serious harm to someone inside the building * Damage property inside the building
222
223
What is the definition of fraud according to the Fraud Act 2006?
Fraud is defined as a false representation that is intended to deceive or mislead.
224
What are the actus reus elements of fraud by false representation?
One element: A false representation.
225
What are the three mens rea elements required for fraud by false representation?
Knowledge that the representation is false, intention to gain or cause loss, dishonesty.
226
What does Section 2(2) of the Fraud Act state regarding knowledge of falsehood?
The defendant must be aware of the falsehood.
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What is the significance of timing in relation to fraud?
The knowledge that the representation is false must accompany the representation at the time it is made.
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Can a defendant be liable for fraud if they initially intended to pay but changed their mind?
No, because the representation was not false but later became so.
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What is required for the intention to gain or cause loss in fraud?
Only falsehoods with a pecuniary element will suffice.
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What is the difference between permanent and temporary gain in fraud?
Permanent gain: Intention to keep the property forever. Temporary gain: Intention to have access to property for a finite period of time.
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What test is used to establish dishonesty in fraud cases?
The Ivey test.
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What constitutes express representation in fraud?
An explicit statement or act that is untrue or gives a false impression.
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What is an example of implied representation in fraud?
Handing over a credit card represents that you are the person authorised to use it.
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What must be true about the loss or gain in fraud?
The loss or gain must be pecuniary.
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What are the actus reus elements of making off without payment?
Goods are supplied or services provided, the defendant has made off from the spot where payment is expected, without paying as expected.
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What are the mens rea elements of making off without payment?
Knowledge that payment was expected, intention to avoid making payment, dishonesty.
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Is it true that all theft is fraud?
False.
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Is it true that all fraud is theft?
False.
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What is the relevant section of the Theft Act 1968 regarding theft?
Theft Act 1968 s1.
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What happens to ownership of unreturnable goods in a fraud case?
Ownership passes at the point of transfer.
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Can a false representation made after a service has been provided lead to liability for fraud?
No, it cannot.
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What is fundamental to the offence of making off without payment?
The defendant leaves without paying.
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What defeats the defence in making off without payment?
An offer to pay at a later stage.
