Milestone 2 Flashcards
Common Assault (Criminal Justice Act 1988, s.39)
Common assault is any intentional or reckless act which causes a person to apprehend immediate unlawful force or personal violence. Points to prove: 1. Date and location 2. Unlawfully assaulted 3. Another person
Assault by beating (battery), (Criminal Justice Act 1988, s.39)
Battery is any intentional or reckless application of unlawful force to a person. Points to prove: 1. Date and location 2. Unlawfully assaulted 3. Another person 4. By application of unlawful force
Actual bodily harm, (Offences Against the Persons Act 1861, s.47)
Application of force to another, victim receives more than transient and trifling injury, this refers to some sort of physical attack. Points to prove: 1. Date and location 2. Unlawfully assaulted another person 3. Thereby occasioning 4. Actual bodily harm
Wounding/Inflicting Grievous Bodily Harm, (Offences Against the Persons Act 1861, s.20)
Victim receives life changing injuries, e.g. breaking all layers of skin, broken bones, heavy bleeding or significant psychological injury.
Points to prove:
1. Date and location
2. Unlawfully and maliciously
3. Wounded or inflicted grievous bodily harm
4. Upon another person
Wounding/causing Grievous bodily harm WITH intent (Offences Against the Persons Act 1861, s.18)
As previous but the suspect is found to have caused GBH injuries with the intention to cause that level of injury (alternatively, with specific intent to resist or prevent arrest)
Points to prove:
1. Date and location
2. Unlawfully and maliciously
3. Wounded or inflicted grievous bodily harm or wounded
4. A person
5. With intent
6. To do grievous bodily harm or resist/prevent the lawful apprehension or detention of self/another person
Defenses to assault:
- Consent
- Lawful correction/reasonable chastisement of a child
- Prevention and detection of crime
- Self-defense
Criminal Damage – Criminal Damage Act 1971, s.1(1)
A person who without lawful excuse destroys or damages any property belonging to another intending to destroy or damage any such property or being reckless as to whether any such property would be destroyed or damaged shall be guilty of an offence.
Points to prove: • Date and location • Without lawful excuse • Destroyed/damaged property • Belonging to another • Intending to destroy/damage such property or being reckless as to whether was destroyed/damaged
Aggravated Criminal Damage – Criminal Damage Act 1971, s.1(2)
Offence: A person who without lawful excuse destroys or damages any property, whether belonging to himself or another (a) intending to destroy or damage any property or being reckless as to whether any property would be destroyed or damaged; and (b) intending by the destruction or damage to endanger the life of another or being reckless as to whether the life of another would be thereby damaged.
Aggravated Criminal Damage – Criminal Damage Act 1971, s.1(2)
Points to Prove:
Points to prove:
• Date and location
• Without lawful excuse
• Destroyed/damaged property
• Intending to destroy/damage such property or being reckless as to whether was destroyed/damaged
• Intention or recklessness as to the endangerment of life of another (by damage)
Arson – Criminal Damage Act 1971, s.1(3)
prove: • Date and location • Without lawful excuse • Destroyed/damaged property by fire • Intending to destroy/damage such property or being reckless as to whether was destroyed/damaged
Aggravated Arson – Criminal Damage Act, s1(2) and (3)
Offence: A person who without lawful excuse destroys or damages any property by fire, (a) intending to destroy or damage any property or being reckless as to whether any property would be destroyed or damaged; and (b) intending by the destruction or damage to endanger the life of another or being reckless as to whether the life of another would be thereby damaged.
Aggravated Arson – Criminal Damage Act, s1(2) and (3)
Points to prove
Points to prove:
• Date and location
• Without lawful excuse
• Destroyed/damaged property by fire
• Intending to destroy/damage such property or being reckless as to whether was destroyed/damaged
• Intention or recklessness as to the endangerment of life of another (by damage)
Threats to cause criminal damage – Criminal Damage Act 1971, s.2
Offence: “A person who without lawful excuse makes a threat to another, intending that that other would fear it would be carried out (a) to destroy or damage any property belonging to that other or a third person; or (b) to destroy or damage his own property in a way which he knows is likely to endanger the life of that other or a third person; shall be guilty of an offence”.
Points to prove:
• That the suspect made a threat
• That the suspect intended for the person receiving the threat to believe the threat
Possessing an article with intent to cause criminal damage – Criminal Damage 1971, s.3
Offence: A person who has anything in his custody or under his control intending without lawful excuse to use it or cause or permit another to use it (a) to destroy or damage any property belonging to some other person; or (b) to destroy or damage his own or the user’s property in which he knows is likely to endanger the life of some other person; shall be guilty of an offence.
Points to prove:
• In his custody or under his control
• Without lawful excuse to use it or cause or permit another to use it
• Destroy or damage property belong to another; or
• Destroy or damage own property in which he knows he is likely to endanger life
Theft – Theft Act 1968, s1(1)
Offence: A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it.
Abstracting electricity – Theft Act 1868, s.13
Offence: A person who dishonestly uses without due authority, or dishonestly causes to be wasted or diverted, any electricity’ commits an offence.
Bilking – Theft Act 1978, s.3
Offence: A person who, knowing that payment on the spot for any goods supplied or service done is required or expected from him, dishonesty makes off without having paid as required or expected and with intent to avoid payment of the amount due shall be guilty of an offence.
Taking a conveyance without owner’s consent (TWOC) – Theft Act 1868, s.12(1)
Offence: A person shall be guilty of an offence if, without having the consent of the owner or other lawful authority, he takes any conveyance for his own or another’s use or, knowing that any conveyance as been taken without such authority, drives it or allows himself to be carried in or on it.
Aggravated TWOC – Theft Act 1868, s.12a
Offence: A person is guilty of aggravated vehicle taking if: they take a conveyance without the owner’s or other lawful authority’s consent for their use or another’s use, or knowing that any conveyance has been taken without such authority, drive it or allow themselves to be carried in or on it and it is proved that, at any time after the vehicle was unlawfully taken (whether by that person or another) and before it was recovered, the vehicle was
driven, or injury or damage was caused.
Vehicle Interference - Criminal Attempts Act 1981, s.9
Offence: Interfere with a motor vehicle or with anything carried in or on a motor vehicle or trailer with the intention that an offence specified below shall be committed by himself or some other person - (a) theft of the motor vehicle or trailer or part of it; (b) theft of anything carried in or on the motor vehicle; and (c) an offence under section 12(1) of the Theft Act 1968. And if it is shown that a person accused of an offence under this section intended that one of those offences should be committed, it is immaterial that it cannot be shown which it was.
Burglary - Theft Act 1968 Section 9(1)(a) – with intent
s.9(1)(a) – with intent
• Date and location
• Enter as a trespasser a building/part of a building
• With intent to
• Steal or inflict GBH therein or commit damage
Burglary - Theft Act 1968 s.9(1)(b) – having entered
s.9(1)(b) – having entered
• Date and location
• Having entered as a trespasser a building/part of a building
• Steals or inflicts GBH on person therein or
• Attempts either of above
Burglary - Theft Act 1968 - s.10(1) – Aggravated burglary
s.10(1) – Aggravated burglary • Date and location • Commits any burglary • Has with him at the time • Any firearm or imitation firearm or • Any weapon of offence or • Any explosive
Going equipped for burglary – Theft Act 1968, s.25(1)
Offence: A person shall be guilty of an offence if, when not at his place of abode, he has with him any article for use in the course of or in connection with any burglary or theft.
Robbery – Theft Act 1968, s8(1)
Offence: A person is guilty of robbery if he steals, and immediately before or at the time of doing so, and in order to do so, he uses force on any person or puts or seeks to put any person in fear of being then and there subjected to force.
Handling Stole Goods – Theft Act 1968, s.22(1)
Offence: A person handles stolen goods if (otherwise than in the course of the stealing) knowing or believing them to be stolen goods he dishonestly receives the goods, or dishonestly undertakes or assists in their retention, removal, disposal, or realisation by or for the benefit of another person, or if he arranges to do so.
Wrongful credit – Theft Act 1968, s.24a
A person is guilty of an offence if - (a) a wrongful credit has been made to an account kept by him or in respect of which he has an right or interest;(b) he knows or believes that the credit is wrongful; and(c) he dishonestly fails to take steps as are reasonable in the circumstances to secure that the credit is cancelled’. s24A(2A) ‘A credit to an account is wrongful to the extent that it derives from-(a) theft;(b) blackmail;(c) fraud;(d) stolen goods’.
