Criminal Liability

Question 1

What is the difference between assault and battery in common law?

Answer 1

Assault is causing the victim to apprehend immediate unlawful force, whereas battery is the actual infliction of unlawful force.

Question 2

Under which statute is common assault charged, and what is the maximum sentence?

Answer 2

Charged under Section 39 of the Criminal Justice Act 1988; maximum sentence is six months’ imprisonment or a fine.

Question 3

What must be proven for a conviction under Section 47 of the Offences Against the Person Act 1861?

Answer 3

Assault or battery must have caused actual bodily harm (ABH), and the defendant must have intended or been reckless as to causing some harm.

Question 4

What is the key distinction between offences under Section 20 and Section 18 of the Offences Against the Person Act 1861?

Answer 4

Section 20 requires recklessness or intent to cause some harm, whereas Section 18 requires specific intent to cause grievous bodily harm (GBH).

Question 5

What constitutes theft under Section 1 of the Theft Act 1968?

Answer 5

Dishonestly appropriating property belonging to another with the intention to permanently deprive them of it.

Question 6

How does robbery under Section 8 of the Theft Act 1968 differ from simple theft?

Answer 6

Robbery requires theft plus the use or threat of force immediately before or at the time of stealing.

Question 7

Under what circumstances can burglary be charged under Section 9(1)(b) rather than 9(1)(a)?

Answer 7

If the defendant enters as a trespasser and commits or attempts theft or GBH, it falls under 9(1)(b), rather than just entering with intent (9(1)(a)).

Question 8

What qualifies burglary as aggravated under Section 10 of the Theft Act 1968?

Answer 8

Carrying a firearm, imitation firearm, weapon of offence, or explosive at the time of the burglary.

Question 9

What must be proven for simple criminal damage?

Answer 9

The defendant intentionally or recklessly destroyed or damaged property belonging to another without lawful excuse.

Question 10

How does aggravated criminal damage differ from simple criminal damage under the Criminal Damage Act 1971?

Answer 10

Aggravated criminal damage requires an additional element of endangering life through the damage caused.

Question 11

What are the two forms of involuntary manslaughter?

Answer 11

Unlawful act manslaughter (requires an unlawful, dangerous act) and gross negligence manslaughter (requires a duty of care breached to a grossly negligent degree)

Question 12

What are the three ways fraud can be committed under the Fraud Act 2006?

Answer 12

(1) By false representation
(2) by failing to disclose information
(3) by abuse of position

Question 13

What is required for actus reus to be established?

Answer 13

A voluntary act, omission (where there is a duty to act), or a state of affairs leading to a prohibited result

Question 14

What is direct intention in criminal law?

Answer 14

When a defendant’s purpose is to bring about a particular consequence (R v Mohan).

Question 15

How is recklessness defined in criminal law?

Answer 15

The defendant foresees a risk and unreasonably takes it (subjective recklessness from R v Cunningham).

Question 16

When can voluntary intoxication be used as a defence?

Answer 16

Only for specific intent crimes if intoxication prevented the defendant from forming the required mens rea.

Question 17

What is the key test for self-defence under the Criminal Justice and Immigration Act 2008?

Answer 17

Whether the force used was reasonable in the circumstances as the defendant believed them to be.

Question 18

What must be proven for the loss of control defence under the Coroners and Justice Act 2009?

Answer 18

(1) A qualifying trigger
(2) loss of self-control
(3) a reasonable person of the same age and sex would have reacted similarly

Question 19

How does diminished responsibility differ from loss of control?

Answer 19

Diminished responsibility requires an abnormality of mental functioning caused by a recognized medical condition that substantially impairs the defendant’s responsibility.

Question 20

What are the four forms of participation in a crime?

Answer 20

(1) Principal offender
(2) aider
(3) abettor
(4) counsellor or procurer

Question 21

What is the difference between aiding and abetting a crime?

Answer 21

Aiding is providing assistance; abetting is encouraging or instigating the crime.

Question 22

What is required to prove an attempt under the Criminal Attempts Act 1981?

Answer 22

The defendant must have done an act that is more than merely preparatory towards the commission of the offence.

Question 23

How does impossibility affect liability for an attempt?

Answer 23

A defendant can still be guilty of an attempt even if the crime was factually impossible (Shivpuri).

Question 24

What are some examples of offences triable only on indictment?

Answer 24

• Murder
• Manslaughter
• GBH with intent
• Rape
• Robbery
• Aggravated burglary
• Blackmail
• Kidnap
• Conspiracy

Question 25

What are some examples of offences triable either-way?

Answer 25

* theft * fraud * most forms of burglary * handling stolen goods * going equipped to steal * inflicting grievous bodily harm/ wounding * assault occasioning actual bodily harm * sexual assault * affray * threats to kill * criminal damage * dangerous driving * possession of an offensive weapon * possession/ possession with intent to supply and supply of controlled drugs

Question 26

Is theft always considered an either-way offence?

Answer 26

No If the value of the theft is less than £200, then it is considered a summary only offence

Question 27

Is criminal damage always considered an either-way offence?

Answer 27

No If the value of the property damaged is less than £5,000 then it is considered summary only However, if the damage is caused by fire or to a memorial, it will always be treated as either-way regardless of value