Mobbing & Rioting and Offensive Weapons

Question 1

What is mobbing and rioting?

Answer 1

When persons combine together for a commonly shared purpose by violence or intimidation where their combined conduct causes alarm and disturbance to public

Question 2

What case defines a mob?

Answer 2

Sloan and Others v Macmillan - evidence that a number of people gathering was for a common and illegal purpose

Question 3

Does there have to be a shared criminal purpose in a mob?

Answer 3

Yes

Hancock v HMA - evidence of being part of a mob is insufficient and there must be a shared common criminal purpose

Question 4

What is the mens Rea for mobbing?

Answer 4

Knowledge of a common purpose
OR
Intention to aid and abet that purpose

Question 5

Why is membership of the mob at the relevant time vital?

Answer 5

Coleman v HMA

Showed that different members of the mob had different roles and therefore different levels of culpability

Question 6

Is it an offence to carry or to have a weapon in a public place?

Answer 6

Under s47 and s49 Criminal Law Consolidation Act 1995 any person who has with him in any public place any offensive weapon shall be guilty of an offence

Question 7

What are the three categories of dangerous weapons?

Answer 7

1. Weapons made for purpose of causing injury to others
2. weapons that are adapted for such purposes
3. Items which have innocent purpose but can be used as a weapon

Question 8

What is the defence for carrying an offensive weapon?

Answer 8

Defence is the person had a reasonable excuse or lawful authority or that the article was

a) for use at work
b) for religious reasons
c) as part of a national costume

Question 9

What defines a public place?

Answer 9

Anywhere the public has or is permitted access to even if they have to pay to access.
A car or vehicle is classed as a public place whilst on highway

Question 10

Is fear of a future attack a reasonable excuse?

Answer 10

No.
Picking up a weapon in anticipation can be justified.
Lunn v HMA - accused picked up broken glass bottle to defend herself during an attack by her partner - no criminal activity

Question 11

What is a lawful reason for carrying a weapon?

Answer 11

McGuire v HIgson 2003

Appeal court accepted explanation that he was carrying the knife home after having bought it