Criminal Offences

Question 1

Theft

Answer 1

The dishonest appropriation of property belonging to another with the intention of permanently depriving the other of it.

AR: appropriation of property belonging to another with the intention of permanently depriving the other of it

MR: Dishonestly - intention or recklessness

Question 2

Robbery

Answer 2

If he steals, and immediately before or at the time of doing so, and in order to do so, uses force or threat of force on any person or puts any person in fear of being then and there subjected to force

Question 3

Burglary

Answer 3

s9 1(a) the person enters the building as a trespasser or in excess of permission with the intention to steal, inflict GBH or unlawfully damage property

s9 1(b) having entered the building the person goes on to steal, attempt to steal, inflicts GBH or cause unlawful damage

Question 4

When is burglary committed?

Answer 4

At the point of entry - it doesn’t matter whether or not the D goes on to actually commit the ulterior offence. The key issue is whether the D intended to commit the offence at the point of entry.

Question 5

AR of burglary?

Answer 5

Entering the building as a trespasser or in excess of permission with the intention to commit either a theft, GBH or a criminal damage

Question 6

Aggravated burglary?

Answer 6

D commits a burglary and has with him, at the time of the offence, either a firearm, weapon of offence or an explosive

Question 7

What is a weapon of offence?

Answer 7

ANYTHING made or adapted for use for causing injury to a person e.g. pepper spray, knuckle dusters OR any ordinary item can become a weapon

Question 8

s18 OAPA 1961

Answer 8

Wounding with intent to cause GBH

AR: wounding OR GBH

MR: INTENT as to causing serious harm (recklessness not sufficient)

Question 9

s20 OAPA 1961

Answer 9

Malicious wounding or infliction of GBH

AR: Wound OR serious harm e.g. broken bone (don’t need both)

MR: Intention or recklessness as to causing SOME harm - doesn’t have to be serious harm

Question 10

s47 OAPA 1961

Answer 10

Assault occasioning Actual Bodily Harm (ABH) - an assault OR battery that has caused actual bodily harm

= anything that’ll interfere with the Vs health or comfort e.g. bruise, black eye, twisted ankle

MR: Intention or recklessness as to applying unlawful force

Question 11

Battery

Answer 11

Where the D has applied unlawful force to another person e.g. touched, slapped, punched but NO injury needed

MR: Intention or recklessness as to applying UNLAWFUL force

Force can be of any kind, doesn’t have to be hostile

Question 12

Assault

Answer 12

Where the D has threatened a victim either by actions or words causing the victim to apprehend immediate unlawful personal violence

MR: Intention or recklessness to cause the V to apprehend immediate unlawful personal violence

Apprehension = the V doesn’t have to be scared but they do have to EXPECT something

Imminently = can be near future