Criminal law: Specific offences Flashcards
What does aggravated criminal damage require?
It requires proof of the simple criminal damage elements but with the additional requirement that the defendant intended by the destruction or damage to endanger the life of another or was reckless as whether the life of another would be endangered by the damage
What classification is aggravated criminal damage?
Triable only on indictment and carries a maximum sentence of life imprisonment
Is aggravated criminal damage a basic intent or specific intent offence?
Basic intent if reckless as to endangering life and specific intent if defendant charged with intending to endanger life
How does aggravated criminal damage (including aggravated arson) differ from the basic offence?
- the presence of the aggravating ‘ulterior’ mens rea requirement
- there is no requirement that the property which is damaged should belong to another so the defendant can commit this offence whilst damaging their own property
- the defence of ‘lawful excuse’ has no application
How does the mens rea element of aggravated criminal damage differ from the simple offence?
There are two further elements:
1. the defendant intended of was reckless as to the damage or destruction of property; and
2. the defendant intended by the destruction or damage to property to endanger the life of another or was reckless as to whether the life of another was endangered
When will arson be charged?
For any criminal damage, simple or aggravated, caused by fire
What is the classification of arson?
Simple criminal damage committed by arson is triable either way whereas aggravated is indictable only
What is the classification of simple criminal damage?
Generally triable either way but where the value of the property damaged or destroyed is not more than £5000 the offence will be tried summarily (unless the offence is destroying or damaging a memorial)
What is the mens rea requirement for simple criminal damage?
Proving either that the defendant intended to damage or destroy property or they were reckless as to property being damaged or destroyed
What defence applies to simple criminal damage?
The defence of lawful excuse - if a general defence such as self-defence/prevention of a crime can be established or in accordance with s5(2)(a) and (b)
In relation to simple criminal damage what does s5(2)(a) provide?
That if at the time of the act the defendant believed the person entitled to consent to the destruction or damage had so consent or would have consented. It is immaterial whether a belief is justified or not if it is honestly held. Provided that the belief is honest, it does not have to be reasonable.
In relation to simple criminal damage what does s5(2)(b) provide?
It is a statutory defence if the defendant destroyed or damaged property ‘in order to protect property belonging to himself or another and at the time of the act he believed that the property, right or interest was in immediate need of protection; and that the means of protection adopted were reasonable in all the circumstances.
How are the elements in s5(2)(b) assessed in relation to simple criminal damage?
The defendant’s belief as to ‘immediacy’ and ‘reasonable means’ are purely subjective but the question of whether the act was done in order to protect property is assessed objectively.
How is the offence of fraud classified?
The offence is triable either way
What are the ways in which the offence of fraud can be committed?
- by false representation
- by failing to disclose information
- by abuse of position
In each case of fraud what must the defendant do?
the defendant:
- must be dishonest
- their intention must be to make a gain or cause a loss or the risk of a loss to another
- no gain or loss needs to have been made
What is the mens rea for fraud offences?
Dishonesty and an intention to make a gain or cause loss to another
When is a person guilty of aggravated burglary?
If they commit any burglary and at the time has with them any firearm or imitation firearm, any weapon of offence or any explosive
What classification is aggravated burglary?
Indictable only
What classification is burglary?
An either-way offence unless the burglary was a domestic burglary, the accused is over 18 and at the time of the offence had previously been convicted on two separate occasions of domestic burglary after 30 Nov 1999 then it is classed as an indictable only offence
If a defendant is found guilty of a third strike offence what is the minimum sentence?
The court must impose a custodial sentence of at least 3 years on conviction
What sections are the two burglary offences under?
s9(1)(a) and s9(1)(b)
What is the difference between the two burglary offences?
s9(1)(a) requires the defendant enter with the intent to commit one of the offences listed in s9(2) and s9(1)(b) requires that the defendant commit or attempt to commit either theft or GBH
What is the actus reus of burglary?
- entry
- as a trespasser
- any building or part thereof
What is the mens rea for burglary?
- knowing or being reckless as to trespassory entry
- s9(1)(a) intention to commit one of the ulterior offences at the time of entry
- s9(1)(b) proof of theft or GBH or an attempt of either
What section is robbery in the Theft Act 1968?
s8
When is a person guilty of robbery?
If they steal, and immediately before or at the time of doing so, and in order to do so, they use force on any person or puts or seeks to put any person in fear of being then and there subjected to force
What classification is robbery?
Indictable only
What underpins a robbery?
Theft - if all the elements of theft are not established or the defendant has a defence to theft, they cannot be found guilty of robbery
What distinguishes robbery from theft?
The threat of, or use of, force in order to steal
What section is theft in the Theft Act 1968?
s1
When is a person guilty of theft?
If they dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it
What classification is theft?
Either way unless it is a low-level shop theft of less than £200 when it is classed as summary only however the defendant can still choose trial by jury if they indicate a plea of not guilty
In terms of theft, what does appropriation mean?
Any assumption by a person of the rights of an owner which includes when the person has come by he property without stealing it
At what point is a theft complete?
Where the defendant appropriates with a dishonest intention to permanently deprive
Can lost or abandoned property be stolen?
Lost - yes, even if the owner gives up the search
Abandoned - no, but it can be very difficult to establish that the property was in fact abandoned
What are the mens rea elements of theft?
- act with dishonesty
- do so with the intention to permanently deprive
In what circumstances is appropriation not regarded as dishonest?
These include the defendant’s belief (it does not have to be reasonable) that:
- they had a right in law to appropriate the property
- the owner would have consented had they have known about the circumstances
- the owner cannot be discovered by taking reasonable steps
What is the actus reus and mens rea of common assault?
Actus reus - The defendant must cause the victim to apprehend immediate and unlawful personal violence
Mens rea - intentionally or recklessly
What distinguishes a s20 offence from a s18?
The mens rea - s18 offence cannot be committed recklessly, it requires an ulterior intention to cause GBH or resist arrest
