Extras

Question 1

Aggravation of assault

Answer 1

Danger to victim = (pushing downstairs)

Intent = (to rob, ravish, gratify lewdness)

Mode or perpetration = (use of weapons)

Person = (character of victim/accused; child/pregnant/infirm; social worker/police/nurse)

Locus = victims home

Extent of injury = (disfigurement, broken bones, life endangered)

Racial motivation

Question 2

When is assault justified?

Answer 2

Self defence or under the authority of the law.
Only necessary force.
Provocation is NOT a defence.

Question 3

Categories of assault

Answer 3

Direct - deliberate and direct physical attack on a person

Indirect - setting a dog on person

Menaces - threatening gestures inducing a state of bodily fear (whether or not there is words)

Question 4

What can be stolen?

Answer 4

1. Belonged to another
2. Be a physical thing
3. Be able to be moved

Question 5

What is the doctrine of recent possession?

Answer 5

1. Property was stolen
2. Shortly after was traced to the physical or constructive possession of accused
3. There is not reasonable explanation of such possession
4. There are other incriminating circumstances

Question 6

What is clandestine possession?

Answer 6

Crime at common law and involved someone secretly taking possession of and using the property of another knowing they did no have, and would not be given permission

Question 7

What is violating sepulchres?

Answer 7

Once buried, removing and appropriating of body

Question 8

Aggravations of theft

Answer 8

H - housebreaking

O - opening Lockfast place

T - trust (people in position of)

P - previous convictions of accused

V - value of articles

V - vulnerable victim (theft from)

Question 9

Modes of entry from housebreaking

Answer 9

Stuff cow

S - stolen key
T - trickery 
U -unauthorised use of key in 
     possession 
F - forced entry 
F - found key 
C - chimney or other unusual opening 
O - overcoming the lock 
W - window (unless it's ground floor - 
       This would just be theft)

Question 10

Housebreaking/OLP with intent to steal

Answer 10

House is broken/Lockfast place is broken into but nothing is stolen

Question 11

Attempted Housebreaking/OLP with intent to steal

Answer 11

Unsuccessful attempt to break into house/ OLP with intent to steal

Question 12

Theft by OLP

Answer 12

OLP is not a crime itself.

Should be theft by OLP

Question 13

Difference between vandalism and malicious mischief.

Answer 13

Vandalism - must be damage to actual property.

Malicious mischief - financial damage brought about by a criminal act would suffice in absence of actual damage

Question 14

Difference between S57 and S58 of civic gov (s) act 1982?

Answer 14

S58 need not be committed on premises and

Could be committed in a public place unlike s.57

Question 15

What is a certain person?

Answer 15

S58(4) explains a certain person is

A person aged 16 or over who has

2 or more convictions for “theft” including Aggravations and robbery. Spent convictions are not considered.

Question 16

When is a conviction spent?

Answer 16

Rehabilitation of offenders Act 1974 states that after a certain time has elapsed pre cons cannot be held against them

A fine Spent 5 yrs
Impris (not exc. 6months) Spent 7 yrs
Impris (not exc. 30month) Spent 10 yrs
Impris exceeding 30mon EXCLUDED

Question 17

What is power of arrest for occupier for preventative offences?

Answer 17

S59(3) of the civic gov (s) act 1982 empowers an

Owner
Tenant
Occupier
Other authorised person

Of premises to arrest the offender if found on their property.