Criminal Liability Flashcards
What is assault?
Occurs when a person intentionally or recklessly causes another to apprehend the immediate application of unlawful force.
The defendant doesn’t need to touch the victim and words will be sufficient if the victim believes that violence is imminent, words can also negate the imminence (e.g. “I would punch you if it wasn’t illegal”).
‘Apprehend’ would not be present if defendant swung to hit a victim but missed and victim only then finds out about the attempt.
What is battery?
Battery arises when person intentionally or recklessly applies unlawful force on another person.
Something (the defendant or an object) must make contact with the victim’s body and the contact must be unwanted.
What is a defence to assault and battery?
Consent.
Circumstances include surgery, tattoos and piercings, religious practices (circumcision etc.), sports (so long as actions not too far out the rules of the sport), sex acts.
Elements to prove assault occasioning actual bodily harm? (s. 47 Offences Against the Person Act 1861)
To be proven all elements of assault or battery must be proved as well as causation and actual bodily harm.
Elements to prove wounding or causing grievous bodily harm? (s. 20 Offences Against the Person Act 1861)
Requires proof of intention to cause some harm or recklessness regarding the risk of causing some harm.
Level of harm is higher for GBH than ABH e.g. break both layers of skin or causing long period of unconsciousness.
Intent – intent to cause some harm.
Elements to prove wounding or causing grievous bodily harm with intent? (s. 18 Offences Against the Person Act 1861)
Requires same type of injury as under s20 wounding or causing grievous bodily harm but also requires proof of intent to cause serious bodily harm or intent to resist lawful apprehension when a risk of some harm is foreseen i.e. recklessness not sufficient
What is theft? (s. 1 Theft Act 1968)
Person dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it.
Doesn’t matter if appropriation is made with a view to gain, or is made for the thief’s own benefit.
Dishonesty measured by an objective standard = whether a reasonable and dishonest person would think the defendant’s action was dishonest.
What classes as theft for co-owned property?
Person can commit theft by appropriating property they co-own with another person or misapplying property they hold in trust.
Does borrowing property class as theft?
If person intends only to borrow property (even without permission) then the mens rea for theft isn’t met as intent to permanently deprive is missing.
Intent is tested at the time of taking so if takes something with intent to keep then changes their mind and returns it theft still occurred.
If someone borrows something, then decides to keep it the theft arrives at the time they decide to keep it.
In definition of s1 theft how is dishonesty measured?
By an objective standard = whether a reasonable and dishonest person would think the defendant’s action was dishonest.
What is robbery? (s. 8 Theft Act 1968)
If steals, and immediately before or at the time of doing so, and in order to do so, uses force on any person or puts or seeks to put any person in fear of being subject to force then and there.
If guilty of robbery, or of an assault with intent to rob what is the maximum penalty?
Imprisonment for life
What proof do both types of s9 burglary require?
Proof that the defendant entered the building or part of the building as a trespasser.
Note this includes entering through open window and opening an unlocked door etc. also includes going into part of the building without permission and remaining in a building beyond the time permitted.
What is Burglary by trespass with intent? (s. 9 Theft Act 1968)
Entering building with intent to steal anything inside the building, inflict GBH on anyone in the building and cause criminal damage to the building or anything inside the building.
Note: doesn’t matter if defendant actually did these things after entering the crime is committed if intention to do so at the time of entry and the crime is committed on entry.
What is Burglary by offence following trespassory entry? (s. 9 Theft Act 1968)
If the defendant actually stole or attempted to steal something from the building and inflicted or attempted to inflict GBH on any person within the building. For this the crime is committed when commits one of the above rather than on entry.
Note: committing criminal damage not included in this type of offence.
If guilty of burglary what is the maximum penalty?
If the offence committed on a dwelling can be liable to imprisonment for up to 14 years otherwise up to 10 years.
What is aggravated burglary? (s. 10 Theft Act 1968)
committing burglary while having a firearm, imitation firearm, explosive, or any item adapted or intended to cause injury (for example a screwdriver can count if brought to stab people).
If guilty of aggravated burglary what is the maximum penalty?
Imprisonment for life.
What is simple criminal damage?
Person without lawful excuse destroys or damages property belonging to another either intending to do so or being reckless as to whether the property is destroyed or damaged.
Note: Damage can be slight including damage that is easily fixed e.g. painting pavement with water soluble paint, can be basis for the offence of criminal damage.
Can it be simple criminal damage if own part of property?
Yes damage to property that is co-owned by the person causing the damage and another can be the basis of the offence.
What are defences to simple criminal damage?
- consent or reasonable belief that the owner would have consented e.g. breaking down door to put out a fire; or
- destruction of someone else’s property to protect your own property
What is aggravated criminal damage?
Similar to simple criminal damage but the property can belong to the defendant alone and the defendant must intend to endanger life or be reckless with regard to endangerment (whether or not life was endangered).
What are defences to aggravated criminal damage?
Defences used for simple criminal damage are not applicable to aggravated criminal damage.
What is arson?
Criminal damage by fire. Fire must cause the damage, if is smoke damage is criminal damage not arson.
What conditions must be met for offence of murder to be met?
Offence of murder requires proof that the defendant caused the death of another human being unlawfully and with intention to kill or cause GBH.
Note: If the defendant did not want to kill their victim but hurt them badly can still be guilty of murder.
When can voluntary manslaughter be used?
If prosecution proves the elements of murder the defendant can raise certain partial defences which will reduce the offence to voluntary manslaughter. The two most common are diminished responsibility and loss of control.
What is involuntary manslaughter?
If someone kills another person without the intent to kill or cause GBH can still be liable for involuntary manslaughter.
What are two common types of involuntary manslaughter?
Unlawful act manslaughter and manslaughter by gross negligence
What is unlawful act manslaughter?
Defendant commits a criminal offence that carries an objective risk to the victim who dies as a result. The act must be intentional, unlawful, dangerous and the cause of death.
