offences

Question 1

ABH (s.47 OAPA) - elements of offence

Answer 1

1. Assault or battery by D
2. intention/recklessness re: assault/battery
3. which causes actual bodily harm (incl. psychiatric)

e/w

Question 2

Affray (s.3 POA)

Answer 2

1. D used or threatened unlawful violence OR 2 or more persons together used or threatened unlawful violence
2. towards another
3. D intends to use/threaten violence or is aware his conduct may be violent/threaten violence
4. conduct causes a person of reasonable firmness at the scene to fear for his personal safety (hypothetical bystander)

e/w

Question 3

Possession of an Offensive Weapon (s.1 POCA)

Answer 3

1. D had an offensive weapon (per se, adapted for causing injury, innocent item with intent to cause injury)
2. knowingly, in his posession
3. in a public place
4. without lawful authority or reasonable excuse

e/w

Question 4

Theft (s.1 TA)

Answer 4

1. D dishonestly
2. appropriated
3. property
4. belonging to another
5. with intent to permanently deprive

Question 5

evidence to consider for whether there is a prosecution case

Answer 5

1. witness statements from victim or anyone?
2. medical evidence?
3. evidence of all elements of the case
4. evidence conclusive?
5. witnesses?
6. is client injured?

Question 6

defences for ABH

Answer 6

SELF DEFENCE

Question 7

defences for affray

Answer 7

self defence

Question 8

defences for possession of offensive weapon

Answer 8

lawful authority

reasonable excuse

NB. if innocent item - NOT these defences, just need prosecution to prove there is intent to cause injury

Question 9

types of offensive weapons per se

Answer 9

truncheons
batons
knuckle dusters
knives

Question 10

types of adapted offensive weapons

Answer 10

sharpened billiard cue

Question 11

completely innocent items (possession of offensive weapon)

Answer 11

keys
baseball bat
hockey stick
razor 
hammer

Question 12

R v Ghosh

Answer 12

test for dishonesty framed in 2 Qs (theft)

1. was what was done dishonest according to ordinary standards of reasonable and honest people?
2. Must D have realised what he was doing was dishonest according to those standards?

if yes to both = dishonest

Question 13

Robbery (indictable only)

Answer 13

1. steals
2. immediately before or at time of doing so
3. uses force or threat of force in order to steal
4. on any person

(Mens rea: dishonesty and intention to permanently deprive)

Question 14

Burglary

Answer 14

TYPE ONE:
1. entered the building
2. as a trespasser
3. steals or attempts to steal 
(MR: know they are a trespasser or be reckless)

TYPE TWO:

1. enters building
2. with intent to steal anything/inflict GBH on anyone/do unlawful damage

Question 15

possession with intent to supply

Answer 15

1. controlled drug
2. in his possession
3. with intent to supply to another