Criminal (Offences) Flashcards
Assault
Summary (max 6 months)
AR: Causing victim to apprehend immediate application of unlawful force
MR: Intention or recklessness as to causing apprehension
Battery
Summary only (max 6 months)
AR: Application of unlawful force to victim
MR: Intention or recklessness as to application
ABH
Either-way (max 5 years)
AR: assault or battery causing actual bodily harm
MR: Intent or recklessness
s.20 GBH
Either-way (max 5 years)
AR: Unlawfully inflicting GBH or a wound on victim
MR: Intent or recklessness as to causing harm even if minor
s.18 GBH
Indictable-only (max life)
AR: Unlawfully causing GBH (really serious) or wound to victim
MR: Intent to cause GBH / to resist/prevent arrest
Theft
Either-way
AR: appropriation of property, belonging to another
MR: dishonesty, with intention to permanently deprive
Low value shoplifting
Summary-only unless defendant elects CC
AR and MR: same as theft + goods worth £200 or less
Burglary s.9.1 (a)
Either-way
AR: Enter a building, as a trespasser
MR: Intention to steal, inflict GBH, unlawful damage at point of entry / know or reckless as to trespassing
Burglary s.9.1 (b)
Either-way
AR: Enter building as a trespasser and attempted to steal / inflict GBH
MR: Same as s.9.1 (a) but no unlawful damage + intent not held at point of entry (formed later)
Aggravated burglary
Indictable only
s 9.1 (a) or s 9.1 (b) with a firearm, weapon or explosive. 9.1 (a) at time of entry, 9.1 (b) time of offence
MR: burglary and no need to intend to use weapon
Robbery
AR: Commit theft + use or threaten force immediately before or at time of stealing in order to steal
MR: same as theft
Simple criminal damage
Either-way
AR: unlawfully destroys or damages property (other than fire), belonging to another, value of damage exceeding £5000
MR: Intent or recklessness
Low value criminal damage
Summary only
AR, MR: same as criminal damage but less than £5000
Criminal damage by arson
Either-way
AR + MR: Same as criminal damage but caused by fire
Aggravated criminal damage
Indictable only
AR: Criminal damage or Arson
MR: Intention or recklessness as to criminal damage and endangering life
Murder
Indictable only
AR: Unlawful killing
MR: Intention to kill / cause GBH
Attempted M
Indictable only
AR: Attempt to murder
MR: Intent to kill
Voluntary manslaughter
Indictable only
AR + MR: Same as murder due to loss of control, diminished responsibility, suicide pact
Involuntary manslaughter
Indictable only
AR: Murder due to gross negligence / unlawful act which risks some harm
MR: Gross negligence, serious / obvious risk of death foreseeable or MR for unlawful act
Fraud (failing to disclose)
Either way
AR: Failed to disclose info to another person when under duty to disclose
MR: Dishonestly intending by that failure to make a gain / cause a loss
Fraud by false representation
Either way
AR: False rep
MR: Dishonestly, know the rep was or may be untrue or misleading / with intent to make a gain for himself or another; to cause loss to another or expose another to risk of loss
Fraud by abuse of position
Either way
AR: abused position in which expected to safeguard, not act against, financial interests of another
MR: Dishonest intent to make gain or cause a loss
Self-defence - ACQUITTED
1) Defendant used force to defend himself, another, or property or prevent crime (must genuinely hold belief, and force must be necessary)
2) Force was reasonably necessary in the circumstances
(subjective - genuinely believed it was necessary, even if mistaken)
(objective - was it reasonable considering what they knew at the time)
Intoxication (not a defence)
1) Voluntary v involuntary
2) Which prevented forming the MR of the crime
- voluntary: specific intent crimes only (so intention)
- involuntary: specific and basic intent crimes
If no MR, defendant is acquitted
