Offences

Question 1

Assault

Answer 1

Common assault - summary offence - act causing another to apprehend immediate , intention recklessness cause apprehension

Intentionally or recklessly causing the apprehension of immediate unlawful violence which causes ABH - either way

Question 2

Battery

Answer 2

Intention or reckless application of immediate unlawful force which causes ABH
Summary

Question 3

s20 GBH

Answer 3

Wounding or causing GBH with intention or recklessness regarding causing some harm
Either way

Question 4

s18 GBH

Answer 4

Wounding or causing GBH intending serious harm
Indictable

(Resists arrest, psychiatric harm, broken bones, long period of unconsciousness, break both layers skin bleeding)

Question 5

Murder

Answer 5

Causing death of a human being intending to kill or cause GBH
Indictable

Question 6

Manslaughter by diminished responsibility

Answer 6

Murder but partial defence applies - abnormality of mental function that arose from a recognized medical condition, impaired df ability to understand conduct, rational judgement

Question 7

Manslaughter by loss of control

Answer 7

Murder but partial defence applies - df unable to restrain themselves

Question 8

Unlawful act manslaughter

Answer 8

Unlawful, intentional act which causes the death of the victim

Question 9

Theft

Answer 9

Dishonest appropriation of property belonging to another with intent to permanently deprive

Question 9

Gross negligence manslaughter

Answer 9

BOD of care which causes the death of the victim, a serious and obvious risk of death and act grossly negligent

Question 10

Robbery

Answer 10

Theft and immediately before or at the same time use of force or put the victim in fear of being then and there subjected to force in order to steal

Indictable

Question 11

Burglary (domestic & non)

Answer 11

Enter a building or a part of a building as a trespasser, knowing that they are a trespasser
AND
Either enter with intent to steal, commit GBH or criminal damage
Or steals, attempts to steal, commits GBH or attempts to commit GBH

Either way

Question 12

Criminal damage

Answer 12

Without lawful excuse damage or destroy property belonging to another recklessly or with intent

Summary if less than 5k

Question 13

Arson

Answer 13

Criminal damage by fire

Question 14

Aggravated criminal damage or arson

Answer 14

As above and intent or recklessness as to the endangerment of life by the damage caused. No requirement for the property to belong to another.

Indictable

Question 15

Self defence

Answer 15

whether the df honestly believed that the use of force was necessary and whether the force she used was reasonable, reasonable meaning proportionate

Question 16

Intoxication

Answer 16

impaired mental state from alcohol, drugs, or other substances

Question 17

Fraud - false representation

Answer 17

is when an individual or business deliberately lies or misrepresents the truth when conducting a transaction in order to make a financial gain for themselves and/or cause a loss to another party

Either way

Question 18

Fraud - abuse of position

Answer 18

when an individual uses the position of trust they have been placed in to commit fraud by gaining financially from that position

Either way

Question 19

Fraud - failing to disclose information

Answer 19

the prosecution must prove beyond reasonable doubt that you committed fraud by failing to disclose information. The prosecution will need to show that it was you, and not someone else, who performed the criminal act. They will also need to establish that you acted dishonestly.

Either way

Question 20

Inchoate offences

Answer 20

attempting to commit; encouraging or assisting (formerly inciting) crime; and conspiring to commit.