Mobbing & Rioting Offensive weapons Flashcards

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1
Q

what is the definition of moving and rioting

A

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

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2
Q

what was established in Sloan and others v MacMillan 1922

A
  • 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
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3
Q

what was established in Hancock v HMA 1981

A

evidence of being part of a group is insufficient – must be a shared common criminal purpose

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4
Q

what is the Common purpose

A
  • 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
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5
Q

what is the Mens rea of mobbing and rioting

A
  • 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’
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6
Q

what should be regarded in terms of membership of the mob

A
  • Presence in the mob must be evidenced as consenting or supporting the mob
  • Membership of the mob at the relevant time is vital
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7
Q

case for membership of the mob

A

Coleman v HMA 1999

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8
Q

what was established in Coleman v HMA 1999

A
  • 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
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9
Q

what was established in S47 and s49 Criminal Law Consolidation Act 1995

A

any person who has with him in any public place any offensive weapon shall be guilty of an offence

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10
Q

what are the three categories of weapons

A
  • 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
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11
Q

what are the statutory defences under S47(4)

A

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

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12
Q

What is a public place

A
  • 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
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13
Q

is fear of a future attack a reasonable excuse

A
  • no
  • Courts will distinguish between arming oneself in anticipation of an attack and picking up a weapon during the course of the attack
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14
Q

explain the case Lunn v HMA 2015 (fear of future attack)

A
  • accused picked up a broken glass bottle to defend herself during an attack by her partner
  • no criminal liability
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15
Q

what does it mean by ‘within the course of employment’

A

‘good reason’ for carrying a weapon may be shown by occupation

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16
Q

explain the case of Frame v Kennedy 2008

A

carrying an offensive weapon as part of a fancy dress costume amounted to reasonable excuse in terms of the statute

17
Q

what does it mean by ‘lawful reason’

A

Courts will look at each case subjectively to interpret the reasons

18
Q

explain the case of McGuire v Higson 2003

A

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

19
Q

what is part 1 of Offensive Weapons Act 2019 and explain

A
  • 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)
20
Q

what is part 3 of Offensive Weapons Act 2019 and explain

A
  • 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
21
Q

what is part 4 of Offensive Weapons Act 2019 and explain

A
  • 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
22
Q

what is the effect of s46

A
  • 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
22
Q

what was established in Court of Appeal in R v Povey and others (2008)

A

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.