Criminal Offences Flashcards
Assault
Intentionally or recklessly causing the apprehension of immediate unlawful violence.
Battery
Intentional or reckless application of immediate unlawful force.
ABH
Causing actual bodily harm by either assault or battery.
s20 GBH
Wounding or causing grievous bodily harm with intention or recklessness as to causing some harm.
s18 GBH
Wounding or causing grievous bodily harm with intention of serious harm.
Murder
Unlawfully causing the death of a human being with the intention of killing or causing GBH.
Theft
Dishonest appropriation of property belonging to another with the intention to permanently deprive.
Robbery
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.
s9(1)(a) burglary
Entering a building or part of a building as a trespasser and intending to steal, cause criminal damage of inflict GBH when entering.
s9(1)(b) burglary
Entering a building or part of a building as a trespasser and stealing or inflicting GBH, or attempt of either offence.
Fraud by false representation
Dishonestly make a false representation and intend in doing so to make a gain for yourself or another, or cause a loss to another.
Criminal damage
Without lawful excuse damage or destroy property belonging to another recklessly or with intent.
Arson
Criminal damage by fire
Aggravated criminal damage or arson
Either offence and with intent or recklessness as to endangering life by the damage caused. This can be to your own property.
What are the two partial defences to murder that reduce the offence to voluntary manslaughter?
a) Loss of control; and
b) Diminished responsibility.
What are the 4 requirements for a partial defence of diminished responsibility?
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.
Who has the burden of proof in diminished responsibility?
The defendant on the balance of probabilities.
What are the 3 requirements for a partial defence of loss of control?
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.
What are the two qualifying triggers in a partial defence of loss of control?
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.
What are the two kinds of involuntary manslaughter?
a) Unlawful act manslaughter; and
b) Gross negligence manslaughter.
What are the four requirements for unlawful act manslaughter?
The act must be:
a) Intentional;
b) Unlawful;
c) Dangerous; and
d) The cause of death.
