criminal law statute (you've got this) Flashcards
what are the 8 sttautes dealing with sexual offences against childern
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
what does the statute say about incest
s.1 of the punishment of incest act 1908- male - life
s.2 woman - 17 consent- 7 years
adopted under s.28 of 2017
what act do you use if yiu are being thretated with your nudes being published
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
tell me about theft and the statute law surrounding it ?
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?
tell me about deception in the sttaute
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
tell me about the statute of burglary
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
statute of aggrevated burgalry?
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
statute of robbery?
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
statute of handling and possesing stolen property?
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
tell me the publci order offence abouyt the statute regarding entering a building with the intent to commit an offence ?
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
tell me the publci order offence abouyt the statute regarding tresspass on buiing ?
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
tell me the publci order offence abouyt the statute regarding balcmaisl, extrotion, demanding moeny with menaces ?
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
tell me the publci order offence abouyt the statute regarding riot ?
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
tell me the publci order offence abouyt the statute regarding violent disorder ?
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
tell me the publci order offence abouyt the statute regarding affray ?
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