Offences Statute Numbers Flashcards
Manslaughter
S310 - maximum life or a lesser penalty
Unlawful killing of another which does not amount to murder or where intention cannot be proven
Homicide
S300 - killed: means causing the death of another person (not yourself) - killing is unlawful
Murder Definition
S302 - mandatory sentence of life imprisonment
Kill another person unlawfully, with either the intention to cause GBH or kill, or in the prosecution of an unlawful purpose the accused did an act which was likely to endanger life and the victim died as a result of that act.
Murder
S305
Grievous Bodily Harm
S320 - maximum penalty of 14 yrs imprisonment
Caused an injury amounting to grievous bodily harm (loss of distinct body part or organ; serious disfigurement; facial scarring; or an injury that if left untreated would cause death or permanent injury.)
Unlawful Wounding
S323 - maximum 7yrs
Wounding of another person unlawfully
Battery (Assault Type 1) - definition
S245 definition - maximum 3yrs for common assault
- Actual application of force to another person, directly or indirectly, where no consent was obtained (or was obtained fraudulently)
Battery
S335
Assault - Type Two
S245 - max 7 yrs for serious assault
A bodily act or gesture that attempts or threatens to apply force of any kind to another person, without expressed or implied consent, where there is an actually or present ability to effect that purpose.
Stalking
S359 - max penalty 5 yrs (can increase to 7 if violence was threatened or used, or a weapon was used)
Rape
S349 - max penalty life imprisonment
Carnal knowledge without consent, unlawfully.
Sexual Assault
S352 - penalty is 10 yrs
Unlawfully and indecently assaulting another person
Stealing
S398 - taking or converting the property of another with fraudulent intent
Robbery
S409 - stealing plus the use or threatens the use of actual violence
Max 14 yrs
Breaking and Entry
S419-42: Entering must be actual entry into a building by accused or of an instrument held by the accused
Breaking is opening a part of a building which is closed. (does not require any damage to be done)