criminal law statute (you've got this) Flashcards

1
Q

what are the 8 sttautes dealing with sexual offences against childern

A

s.3 of the criminal law sexual offfences act 2017 as am- obtaining or providing a child for the purpose of sexual exploitation- under the age of 18
s.4- sexual touching- 14 years in p- under the age of 15
s.5- sex in front of a child- under 17- 1- yrs in prison
s.6 cause a child to watch sex- under 17- 10 years in p
s.7 communication- meet, travel or arrange to meet a child- under 17- 14 yrs
s.8 communicatr for sexual exploiuation- 14 yrs in p or nudes
s. 16- sex with someone under 15 - no consent - sex act? reaosmnable person/ defrence- mistake
s. 17 - sex with someone under 17- 7 yrs or 15 if person in authroity - 3 defences

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2
Q

what does the statute say about incest

A

s.1 of the punishment of incest act 1908- male - life
s.2 woman - 17 consent- 7 years
adopted under s.28 of 2017

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3
Q

what act do you use if yiu are being thretated with your nudes being published

A

harrassment, harmful communicationed and rleated offences act 2020
s. 2- offence to distribue, public or thretean toi- anothers image without consent and with intent to harm
s.3 offence to record distriube or push
s.4 offence to distrube or punlish any thretanthing or grossly offensive communication about naother person

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4
Q

tell me about theft and the statute law surrounding it ?

A

s.4 of the criminal justice theft and fraud offences act 2001- guilty if you dishonestly appropriate property withiut the consetnt of the owener with the inteniton of depriving the owener of it
s.1 10 yrs in prison and unlimited fine
s. 2 deals with POT - property, ownership, trust property
s. 4 deals with AN - appropriates and lack fo consenrt

mens reas?
s.2 deals with dishonesty - dpp v o loughlin- whether accused actually beliebves he could be excused from this
s.4 depriving
s.4 “subjective”- accused thinks: 1, had not acted dishonestly, owner consented, ownder could not be found, any presence or absence for relasonable griunds of belief?

s.5 exceptions
equitys darling
land?
flowers - commerical use
wild animals untamed- unless they belong to someone?

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5
Q

tell me about deception in the sttaute

A

section 2 of the cirminal justice theft and fraud offences act 2001 - creates false impression- prevents another from acquiring info or fails to correct a false impression- must be in a fidicuary confidential rel with them

s.6- dishonestly make a gain or casue a loss - fine or impriosnment 5 yrs - need proof of intention

s.7 obtaining services by deception- 5 years and unlimited fine - maing someone do an act or gettting abenefit from an act - on the understanding that it has been paid or it will be oaid

includes loans?

s.8 when someone makes off wihtout poaying dor a servcie they have just received - 2 years and 3,000
not inlcuding prositituion

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6
Q

tell me about the statute of burglary

A

s.12 of the criminal justice theft and fraud offecnes act 2001 - enter a building as a trepasser with the intent to commit an arrestable offence
or commits or attempts to commit
- building , vehicle, vessel

unlimited fine - 14 years

r v ryan - slight - head in windwo

r v collins- they dont have a nowledge- not trespasser

barker v r - house sitting and stole- too far

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7
Q

statute of aggrevated burgalry?

A

s.13 of the criminal justice theft and fraud offecnes - burglary plus firearm/ imitation, exploosive or weapon

life imprisonment

r v murphy - must have it on u- put it down? you still qualify

r v bentham- hand in pocket - no

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8
Q

statute of robbery?

A

s.14 of the criminal justice theft and fraud offecnes
steals plus use of force or put person in fear or sees to

life imprisonment

test - force, fear or attempt to put in fear

r v dawson- slight touch

dpp v mangan - nuns

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9
Q

statute of handling and possesing stolen property?

A

s.17 of the criminal justice theft and fraud offecnes
know its stolen or is reckless - dishonestly 1, receibvs or arrnages to receive it. 2; underttakes or assits in the removeal, retention or disposal

fine or jail- 10 years or both

s. 18- possession- knows or is reckless - guilty

will be taken toi have known it was stolen unless there is reasonable doubt that the jury can dfine

5 years or fine or both

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10
Q

tell me the publci order offence abouyt the statute regarding entering a building with the intent to commit an offence ?

A

s.11 criminal justice public order act 1994- offence to 1,enter buliding or area around or any part as tresspasser
2, be withitn the vicintiuy
reasonable inference that entry was with intent to commit an offence

summary - 2500 and 6 months or both

dpp v jimmy- proof that treasspaser no need for lack of consent from occupier

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11
Q

tell me the publci order offence abouyt the statute regarding tresspass on buiing ?

A

s.13 criminal justice public order act 1994
1, treasspass to cause fear

2,500 - 12 motnhs

2 garda- desist and leave/ offence to not comply= 1,000 and 6 month s

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12
Q

tell me the publci order offence abouyt the statute regarding balcmaisl, extrotion, demanding moeny with menaces ?

A

s.17 criminal justice public order act 1994
- gain for himself or loss to mae unwarranted emands with menaces

demand with menaces shall be unwarranted unless - reasoanble gorundfs for making demand/ menaces are used to reinfornce demand

summary - 2500 and 12

indicment unlimited fine and 14 yers

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13
Q

tell me the publci order offence abouyt the statute regarding riot ?

A

s.14 criminal justice public order act 1994
12 or more persons present toghther - unlawful violence
fear for another persons safety
unlawful violence= riot

intend or thetrethen to uyse violence- knows his condcut is violent

10 yrs and unlimited fine

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14
Q

tell me the publci order offence abouyt the statute regarding violent disorder ?

A

s.15 criminal justice public order act 1994
3 or more persons present toghther - unlawful violence
fear for another persons safety
unlawful violence= vd

intend or thetrethen to uyse violence- knows his condcut is violent

10 yrs and unlimited fine

keith ring v dpp

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15
Q

tell me the publci order offence abouyt the statute regarding affray ?

A

s.16 criminal justice public order act 1994
2 or more persons present toghther - unlawful violence
fear for another persons safety
unlawful violence= affray

intend or thetrethen to uyse violence- knows his condcut is violent

12 motnhs and 1,000

5 yrs and unlimited fine

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16
Q

tell me abiut the statuet regarding crimianl dmage

A

s.2 of the criminal dmage act 1991- dmages property belonging to another or intending to damage - reckless- guilty- wihtiut lawful excuse

s.1 dmage destroy, deface, incpable of use ; property -moeny animals- anything belonging to another

s.2 1,000- 12 months or 10,000 , 10 years or both

s.6 - lawful excuse - right or permission over the item

s.7 no need to name the person- preumption that it belongs to them

s.2 endgaer the life or is recklesss = life improisonment or penalty - r v steer doesnt matter if the life was actually endagrered

s.2- intent to defraud- 10,000 or 10 yers

17
Q

tell me abiut statute regardinh arsion

A

s.2 of the criminal dmage act 1991- dmages property belonging to another or intending to damage - reckless- guilty- wihtiut lawful excuse] by the means of fire

s.2 1,000- 12 months or 10,000 , 10 years or both