Essential Definitions Flashcards
Theft - ss.1-7 Theft Act 1968
Dishonestly appropriating property belonging to another with the intention to permanently deprive the other of it.
Robbery - s.8 Theft Act 1968
A person is guilty of robbery if he STEALS and IMMEDIATELY BEFORE, or AT THE TIME, and IN ORDER TO DO SO, USES FORCE on ANY PERSON or seeks to put any person IN FEAR OF IMMEDIATE FORCE.
Burglary - s.9(1)(a) Theft Act 1968
A person who ENTERS a BUILDING/PART OF A BUILDING as a TRESPASSER with the INTENT to:
D - Damage building/contents
I - Inflict GBH
T - Theft of contents/part of building
Burglary - s.9(1)(b) Theft Act 1968
A person who HAVING ENTERED a BUILDING/PART OF A BUILDING as a TRESPASSER:
Inflicts GBH
Commits Theft of anything in/part of building
Aggravated Burglary - s.10 Theft Act 1968
A person is guilty of aggravated burglary if he commits ANY BURGLARY and HAS WITH HIM any:
W - Weapon of Offence (made/adapted for injury)
I - Imitation Firearm (anything looking like firearm)
F - Firearm (incl. air weapons)
E - Explosive
Assault
Any act which intentionally or recklessly causes another to apprehend immediate and unlawful force
Battery
Any act which intentionally or recklessly inflicts unlawful force on another
Common Assault - s.39 Criminal Justice Act 1988
Common assault is an assault or battery in which no/minimal injury is caused.
Can be common assault by threats, or common assault by battery.
Injury level: no injury, to very minor injury e.g. reddening of the skin
Actual Bodily Harm (ABH) - s.47 Offences Against the Person Act 1861
Whosoever shall be convicted upon an indictment of any assault occasioning actual bodily harm shall be guilty of an offence.
Actual Bodily Harm = more than transient/trifling harm
Injury level: bruising, scratching, bite marks, temporary loss of sensation. Includes low level recognised psychiatric harm.
Grievous Bodily Harm (GBH) - s.20 Offences Against the Person Act 1861
Whosoever shall unlawfully and maliciously wound or inflict any GBH upon any other person, either with or without a weapon or instrument.
Grievous = serious/severe
Injury level: permanent disability/disfigurement, broken bones, substantial blood loss.
Grievous Bodily Harm with Intent - s.18 Offences Against the Person Act 1861
Whosoever shall unlawfully and maliciously by any means wound or cause any GBH to any person with INTENT to:
- Cause GBH to any person
- Prevent lawful arrest of any person
Assault/Battery of Emergency Worker - s.1 Assaults on Emergency Workers (Offences) Act 2018
Aggravates s.39 assault/battery to Indictable Offence
Committed against an emergency worker acting in the lawful exercise of functions as such a worker.
Obstructing a Constable / Resisting Arrest - s.89(2) Police Act 1996
Any person who resists or wilfully obstructs a Constable in the execution of his duty, or any person assisting a Constable in the execution of his duty, shall be guilty of an offence.
Breach of the Peace - R v Howell [1981]
Harm done/likely to a PERSON, PROPERTY, or any person in FEAR of ASSAULT/RIOT/OTHER DISTURBANCE.
Drunk and Disorderly - s.91(1) Criminal Justice Act 1967
Any person who in ANY PUBLIC PLACE whilst DRUNK is engaging in DISORDERLY BEHAVIOUR.
Disorderly = unruly/offensive (reasonable person test)
Drunkenness indicators = unsteady on feet, glazed/bloodshot eyes, smell of intoxicants, slurred speech