Mobbing & Rioting Offensive weapons Flashcards
what is the definition of moving and rioting
When persons combine together for a commonly shared purpose by violence or intimidation, where their combined conduct causes alarm to the community and disturbance to public peace
what was established in Sloan and others v MacMillan 1922
- inference could be drawn from the evidence that a number of people gathering was for a common and illegal purpose – sufficient to determine a mob
- It’s not necessary that any violence should be used so a mob may be deemed riotous
- Sufficient if the mob assembles for the purpose of intimidating people in the lawful performance of their duties
what was established in Hancock v HMA 1981
evidence of being part of a group is insufficient – must be a shared common criminal purpose
what is the Common purpose
- May be lawful
- But the manner in which it is carried out may be unlawful, e.g. with violence or threatening behavior
- For there for to be an offence, there must be a criminal purpose
what is the Mens rea of mobbing and rioting
- Knowledge of the common purpose, or and
- Intention to aid and abet that purpose
‘Did form part of a mob of evilly disposed persons which acting of a common purpose’
what should be regarded in terms of membership of the mob
- Presence in the mob must be evidenced as consenting or supporting the mob
- Membership of the mob at the relevant time is vital
case for membership of the mob
Coleman v HMA 1999
what was established in Coleman v HMA 1999
- Different members of the mob had different roles, thus different levels of culpability in the actions of the mob
- Some members of the mob guilty of culpable homicide, while others were guilty of murder
what was established in 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
what are the three categories of weapons
- Weapons made for the purpose of causing injury to others
- Weapons that are adapted for such purposes
- Items which have an innocent purpose, but may be used as a weapon, e.g. baseball bat, hammer
what are the statutory defences under S47(4)
it’s a defence for a person charged with an offence under subsection (1) to show that the person had a reasonable excuse, or lawful authority, for having the weapon with the person in the public place or that the article was;
- For use at work
- For religious reasons
- As part of a national costume
What is a public place
- Anywhere that the public has, or is permitted to have access to, even if they pay to do access
- Car or other vehicle is classed as a public place whilst on the highway
is fear of a future attack a reasonable excuse
- no
- Courts will distinguish between arming oneself in anticipation of an attack and picking up a weapon during the course of the attack
explain the case Lunn v HMA 2015 (fear of future attack)
- accused picked up a broken glass bottle to defend herself during an attack by her partner
- no criminal liability
what does it mean by ‘within the course of employment’
‘good reason’ for carrying a weapon may be shown by occupation
explain the case of Frame v Kennedy 2008
carrying an offensive weapon as part of a fancy dress costume amounted to reasonable excuse in terms of the statute
what does it mean by ‘lawful reason’
Courts will look at each case subjectively to interpret the reasons
explain the case of McGuire v Higson 2003
appeal court accepted the explanation that he was carrying the knife home after he bought it
what is part 1 of Offensive Weapons Act 2019 and explain
- corrosive products and substances
- Corrosive substance; a substance capable of burning human skin by corrosion
- Offence is aimed at concerns of people carrying corrosive substances for use in violent attack
- Defences can be general (reasonable explanation) and specific (in possession for use in employment)
what is part 3 of Offensive Weapons Act 2019 and explain
- sale and delivery of knives and other bladed instruments
- Previous legislation didn’t provide a legal definition of prohibited ‘bladed’ instruments
- S34 extends the range of bladed articles
- Extends prohibition of sale under 18s to a list of weapons listed in Art 2 CJA 1988 Order 2005
- ‘bladed product’ is a new term introduced by 2019 Act and means an item which has a blade capable of causing serious injury
what is part 4 of Offensive Weapons Act 2019 and explain
- possessive etc of certain offensive weapons
- Provisions strengthens the existing legislation in relation to the possession of bladed articles and offensive weapons
- S44 – prohibits the possession of a flick or gravity knife
- Its now an offence if an ‘offensive weapon’ is found in private property
- S46 – references the list of offensive weapons per Art 2 of CJA 1988 Order 2005
what is the effect of s46
- makes it an offence to possess and of the weapons listed in Annex A, wither in public or private
- Statutory defences – educational purposes, use in museum or art gallery, item of historical importance
what was established in Court of Appeal in R v Povey and others (2008)
Carrying a knife or offensive weapon without a reasonable excuse is a growing crime that poses a threat to public safety. Even concealed weapons, carried for bravado or a misguided sense of self-defense, can lead to dangerous situations. A moment of irritation or anger can trigger their use, making their presence a risk to community order.
