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My Personal SQE 2 Summary > Criminal Law Offences > Flashcards

Criminal Law Offences Flashcards

1
Q

What is the type of Assault under s.39 CJA?

A

Summary-only

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2
Q

What is the AR of Assault (s.39 CJA)?

A

Causing V to apprehend immediate application of unlawful force (no harm)

e.g., run with a raised fist

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3
Q

What is the MR of Assault (s.39 CJA)?

A

Intent or recklessness to cause apprehension [Basic Intent]

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4
Q

What is the type of Battery under s.39 CJA?

A

Summary-only

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5
Q

What is the AR of Battery (s.39 CJA)?

A

Application of unlawful force to V (but no harm)

e.g., touching or kick someone with no harm

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6
Q

What is the MR of Battery (s.39 CJA)?

A

Intent or recklessness as to the application [Basic Intent]

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7
Q

What is the AR of ABH (s.47 OAPA)?

A

Assault or Battery; causing actual bodily harm to V

e.g., minor cut or bruise

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8
Q

What is the MR of ABH (s.47 OAPA)?

A

Intent or recklessness [Basic Intent]

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9
Q

What is the type of GBH/Wounding under s.20 OAPA?

A

Either-way

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10
Q

What is the AR of GBH/Wounding (s.20 OAPA)?

A

Unlawfully inflicting GBH or wound on V

e.g., D punches V to injure him, then V falls and breaks a leg

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11
Q

What is the MR of GBH/Wounding (s.20 OAPA)?

A

Intent or recklessness as to causing any harm even if minor [Basic Intent]

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12
Q

What is the type of GBH/Wounding under s.18 OAPA?

A

Indictable-only

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13
Q

What is the AR of GBH/Wounding (s.18 OAPA)?

A

Unlawfully causing GBH (really serious) or wound to V

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14
Q

What is the MR of GBH/Wounding (s.18 OAPA)?

A

Intent to cause GBH or to resist/prevent a lawful detainer [Specific Intent]

e.g., D stabs someone intentionally

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15
Q

What is the type of Theft under s.1 TA?

A

Either-way

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16
Q

What is the AR of Theft (s.1 TA)?

A

Appropriation; of property; belonging to another (incl. shoplifting that is NOT low-value).

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17
Q

What is the MR of Theft (s.1 TA)?

A

Act dishonestly; Intent to permanently deprive [Specific Intent]

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18
Q

What is the type of Low-Value Shoplifting?

A

Summary-only, unless D elects a Crown Court trial (s.22A MCA)

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19
Q

What are the AR & MR of Low-Value Shoplifting?

A

Same as Theft (s.1) from a shop or stall BUT the stolen goods are worth £200 or less (low-value).

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20
Q

What is the type of Burglary under s.9.1(a) TA?

A

Either-way

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21
Q

What is the AR of Burglary (s.9.1(a) TA)?

A

Enter; building or part of a building; as trespasser

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22
Q

What is the MR of Burglary (s.9.1(a) TA)?

A

Intent to steal, inflict GBH or do unlawful damage at point of entry [Specific Intent]; know or being reckless as to trespassing [Basic Intent]

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23
Q

What is the type of Burglary under s.9.1(b) TA?

A

Either-way

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24
Q

What is the AR of Burglary (s.9.1(b) TA)?

A

Same as s.9.1(a) but attempted to or did steal or inflict GBH.

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25
What is the MR of Burglary (s.9.1(b) TA)?
Same as s.9.1(a) but (i) damage is excluded; and (ii) Intent need not be held at the point of entry. It can be formed at a later point.
26
What is the type of Aggravated Burglary under s.10 TA?
Indictable-only
27
What is the AR of Aggravated Burglary (s.10 TA)?
s.9.1(a) or s.9.1(b) burglary; with a firearm, imitation firearm, weapon or explosive.
28
What is the MR of Aggravated Burglary (s.10 TA)?
Same as s.9.1(a) or s.9.1(b) (no need for intent to use the weapon)
29
What is the type of Robbery under s.8 TA?
Indictable-only
30
What is the AR of Robbery (s.8 TA)?
Commit Theft; AND use or threaten force; immediately before or at the time of stealing and in order to steal.
31
What is the MR of Robbery (s.8 TA)?
Same as Theft (s.1).
32
What is the type of Simple Criminal Damage (CDA)?
Either-way
33
What is the AR of Simple Criminal Damage (CDA)?
Unlawfully destroys or damages property (other than by fire); belonging to another; value of the damage exceeding £5000
34
What is the MR of Simple Criminal Damage (CDA)?
Intent or recklessness [Basic Intent]
35
What is the type of Low-Value Criminal Damage?
Summary-only (s.22 MCA)
36
What are the AR & MR of Low-Value Criminal Damage?
Same as Criminal Damage BUT value is £5000 or less.
37
What is the type of Criminal Damage by Arson?
Either-way
38
What are the AR & MR of Criminal Damage by Arson?
Same as Criminal Damage BUT caused by fire (regardless of value).
39
What is the type of Aggravated Criminal Damage?
Indictable-only
40
What is the AR of Aggravated Criminal Damage?
Criminal Damage or Arson; but it ‘endangers life’.
41
What is the MR of Aggravated Criminal Damage?
Intent or recklessness as to ‘criminal damage’ and ‘endangering life’ [Basic Intent]
42
What is the type of Murder?
Indictable-only
43
What is the AR of Murder?
Unlawful killing.
44
What is the MR of Murder?
Intent to kill or cause GBH [Specific Intent]
45
What is the type of Attempted Murder?
Indictable-only
46
What is the AR of Attempted Murder?
Attempt to Murder.
47
What is the MR of Attempted Murder?
Intent to kill (not merely to cause GBH) [Specific Intent]
48
What is the type of Voluntary Manslaughter?
Indictable-only
49
What are the AR & MR of Voluntary Manslaughter?
Same as Murder but due to loss of control, diminished responsibility or suicide pact.
50
What is the type of Involuntary Manslaughter?
Indictable-only
51
What is the AR of Involuntary Manslaughter?
Murder due to gross negligence; or unlawful act that risks some harm.
52
What is the MR of Involuntary Manslaughter?
For gross negligence, serious/obvious risk of death must be foreseeable; OR MR for the unlawful act.
53
What is the type of Fraud by Failing to Disclose?
Either-way
54
What is the AR of Fraud by Failing to Disclose?
Failed to disclose info to another person; when under legal duty to disclose.
55
What is the MR of Fraud by Failing to Disclose?
Dishonestly intending, by that failure, to make gain or cause loss [Specific Intent]
56
What is the type of Fraud by False Representation?
Either-way
57
What is the AR of Fraud by False Representation?
False representation
58
What is the MR of Fraud by False Representation?
Dishonestly; know the representation was or may be untrue or misleading; with intent to make a gain for themselves or another, to cause loss to another or to expose another to the risk of loss [Specific Intent]
59
What is the type of Fraud by Abuse of Position?
Either-way
60
What is the AR of Fraud by Abuse of Position?
Abused position (act or omission) in which they were expected to safeguard, or not to act against, financial interests of another.
61
What is the MR of Fraud by Abuse of Position?
Dishonest intent to make a gain or cause a loss [Specific Intent]
62
What is the type of Attempt (CAA)?
As main offence
63
What is the AR of Attempt (CAA)?
Act, which is more than merely preparatory to the commission of the offence.
64
What is the MR of Attempt (CAA)?
Intent to commit an offence [Specific Intent] [s.1 CAA doesn’t apply to the special statutory attempt offences or summary offence unless a statute makes it an offence]
65
What is the type of Joint Enterprise (Common Law)?
Depends on main offence
66
What is the AR of Joint Enterprise (Common Law)?
Assist or encourage the principal in offence that was committed (and had not withdrawn before it was committed).
67
What is the MR of Joint Enterprise (Common Law)?
Intent to assist or encourage [Specific Intent] [Secondary Liability]
68
What is the type of Encourage/Assist (ss.44,45 SCA)?
As anticipated offence (except for murder)
69
What is the AR of Encourage/Assist (ss.44,45 SCA)?
Act capable of encouraging or assisting the commission of an offence
70
What is the MR of Encourage/Assist (ss.44,45 SCA)?
Intent to encourage or assist its commission (s.44); OR believe both that the offence will be committed and their act will encourage or assist its commission (s.45).

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