Extra 1 - Types of Crimes Flashcards
Murder
The unlawful killing of a human being with the intention of killing or causing grievous bodily harm.
Indictable-only.
Manslaughter
Killing by an unlawful act likely to cause bodily harm but without the intention to kill or cause grievous bodily harm.
Indictable-only.
Corporate manslaughter
An organisation such as a company, a police force or a Government department can be convicted of this offence if the way in which its activities were managed or organised caused someone’s death and amounted to a gross breach of a duty of care the organisation owed to the deceased.
Indictable-only.
Infanticide
The killing of an infant under 12 months old by its mother, when her mind is disturbed as a result of the birth.
Indictable-only.
Assault; common assault; battery; assault by beating
Definitions of these charges tend to overlap, and they are likely to be used in cases in which no, or only transient or trifling, bodily injury is allegedly caused. ‘Assault’ and ‘common assault’ can mean an unlawful infliction of force/violence, or a hostile act which puts another person in fear of immediate violence. Battery can also be expressed as a charge of ‘assault by beating’.
Summary offences, unless assault is alleged to be aggravated by hostility towards the alleged victim’s race or religion, when they are either-way.
Assault occasioning actual bodily harm (ABH)
An assault which caused more than transient and trifling harm. The harm could be psychiatric illness.
Either-way.
Wounding or inflicting grievous bodily harm (GBH)
It must be proved that the defendant intended or foresaw causing some harm and that the harm caused was a wound or grievous harm which was not, or not only, a wound. A wounding charge tends to be used only if the wound is serious. A GBH tends to be used, for example, if the harm includes broken bone, or led to substantial loss of blood and/or extended medical treatment and/or permanent disfigurement and/or permanent disability.
Either-way.
Wounding ‘with intent’/inflicting grievous body harm ‘with intent’
Wounding or GBH is deemed to have been ‘with intent’ if there is intent to cause GBH or to resist ‘lawful apprehension’.
Indictable-only.
Rape
Penetration of vagina, anus or mouth without consent, by penis. If the victim is aged under 13, any such conduct is defined as rape even if the victim says there was no compulsion, because the victim is so young.
Indictable-only.
Theft
Dishonest appropriation of property belonging to another with the intention of permanently depriving the other of it.
Either-way.
Robbery
Theft by force, or by threat of force.
Indictable-only.
Handling
Dishonestly receiving goods, knowing or believing them to be stolen, or dishonestly helping in the retention, removal, disposal or sale of such goods.
Either-way.
Burglary
Entering a building as a trespasser and then:
- stealing or attempting to steal from it; or
- inflicting or attempting to inflict grievous bodily harm to anyone in it; or
- making trespassing entry to a building with intent to steal; or intent to inflict GBH; or intent to do unlawful damage.
Generally either-way, but in some circumstances indictable-only.
Aggravated burglary
Burglary while armed with a firearm, imitation firearm, or any other weapon or explosive.
Indictable-only.
Fraud
Conduct ‘with a view to gain or with intent to cause loss or expose to a risk of loss’ involving either:
- dishonestly making a false representation; or
- dishonestly failing to disclose information when under a legal duty to disclose
- dishonestly abusing a position
Also included in the Act is a fraud offence of obtaining services dishonestly.
These statutory fraud offences are either-way, but if deemed to be of sufficient ‘seriousness or complexity’ they are treated as indictable-only. Conspiracy to defraud is indictable-only.
