Criminal Offences

Question 1

Assault

Answer 1

Intentionally or recklessly causing the apprehension of immediate unlawful violence.

Question 2

Battery

Answer 2

Intentional or reckless application of immediate unlawful force.

Question 3

ABH

Answer 3

Causing actual bodily harm by either assault or battery.

Question 4

s20 GBH

Answer 4

Wounding or causing grievous bodily harm with intention or recklessness as to causing some harm.

Question 5

s18 GBH

Answer 5

Wounding or causing grievous bodily harm with intention of serious harm.

Question 6

Murder

Answer 6

Unlawfully causing the death of a human being with the intention of killing or causing GBH.

Question 7

Theft

Answer 7

Dishonest appropriation of property belonging to another with the intention to permanently deprive.

Question 8

Robbery

Answer 8

Theft and either at the time or immediately before use of force or putting the victim in fear of then and there being subject to force in order to steal.

Question 9

s9(1)(a) burglary

Answer 9

Entering a building or part of a building as a trespasser and intending to steal, cause criminal damage of inflict GBH when entering.

Question 10

s9(1)(b) burglary

Answer 10

Entering a building or part of a building as a trespasser and stealing or inflicting GBH, or attempt of either offence.

Question 11

Fraud by false representation

Answer 11

Dishonestly make a false representation and intend in doing so to make a gain for yourself or another, or cause a loss to another.

Question 12

Criminal damage

Answer 12

Without lawful excuse damage or destroy property belonging to another recklessly or with intent.

Question 13

Arson

Answer 13

Criminal damage by fire

Question 14

Aggravated criminal damage or arson

Answer 14

Either offence and with intent or recklessness as to endangering life by the damage caused. This can be to your own property.

Question 15

What are the two partial defences to murder that reduce the offence to voluntary manslaughter?

Answer 15

a) Loss of control; and
b) Diminished responsibility.

Question 16

What are the 4 requirements for a partial defence of diminished responsibility?

Answer 16

a) The defendant must demonstrate an abnormality of mental functioning;
b) The abnormality must have arisen from a recognised medical condition;
c) The abnormality must have substantially impaired the defendant’s ability to understand their conduct; and
d) The abnormality must provide an explanation for the killing.

Question 17

Who has the burden of proof in diminished responsibility?

Answer 17

The defendant on the balance of probabilities.

Question 18

What are the 3 requirements for a partial defence of loss of control?

Answer 18

a) Their role in killing resulted from a loss of control (cannot restrain themselves);
b) It was caused by a qualifying trigger; and
c) A hypothetical person of the defendant’s age or sex might have acted the same way.

Question 19

What are the two qualifying triggers in a partial defence of loss of control?

Answer 19

a) A fear of serious violence; or
b) A thing said or done which constituted circumstances of an extremely grave character which gave the defendant a justifiable sense of being seriously wronged.

Question 20

What are the two kinds of involuntary manslaughter?

Answer 20

a) Unlawful act manslaughter; and
b) Gross negligence manslaughter.

Question 21

What are the four requirements for unlawful act manslaughter?

Answer 21

The act must be:
a) Intentional;
b) Unlawful;
c) Dangerous; and
d) The cause of death.