Offences Statute Numbers Flashcards

0
Q

Manslaughter

A

S310 - maximum life or a lesser penalty

Unlawful killing of another which does not amount to murder or where intention cannot be proven

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1
Q

Homicide

A

S300 - killed: means causing the death of another person (not yourself) - killing is unlawful

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2
Q

Murder Definition

A

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.

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3
Q

Murder

A

S305

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4
Q

Grievous Bodily Harm

A

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.)

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5
Q

Unlawful Wounding

A

S323 - maximum 7yrs

Wounding of another person unlawfully

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6
Q

Battery (Assault Type 1) - definition

A

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)

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7
Q

Battery

A

S335

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8
Q

Assault - Type Two

A

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.

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9
Q

Stalking

A

S359 - max penalty 5 yrs (can increase to 7 if violence was threatened or used, or a weapon was used)

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10
Q

Rape

A

S349 - max penalty life imprisonment

Carnal knowledge without consent, unlawfully.

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11
Q

Sexual Assault

A

S352 - penalty is 10 yrs

Unlawfully and indecently assaulting another person

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12
Q

Stealing

A

S398 - taking or converting the property of another with fraudulent intent

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13
Q

Robbery

A

S409 - stealing plus the use or threatens the use of actual violence
Max 14 yrs

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14
Q

Breaking and Entry

A

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)

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15
Q

Burglary

A

Breaking and entry between the hours of 6pm and 6am

16
Q

Receiving

A

S433 - know believe or suspect that property has been obtained by an indictable offence

17
Q

Arson

A

Willfully, unlawfully set fires to things (such as buildings)
Max life imprisonment

18
Q

Willful damage to property

A

S469 - willful and unlawful destruction or damage to the property of another.

19
Q

Fraud + computer hacking and misuse

A

Fraud - defined as misappropriation of property, false pretences, passing valueless cheques and cheating. (essentially dishonest conduct in regards to property)

  1. Offence to use computer without consent of computer’s controller.
  2. If use causes, or intends to cause, damage or gain a benefit