Public Order, Fraud, Assaults, Robbery Flashcards
Affray sec 3 may take place in…
Public or private
How many persons needed for affray and is there power of entry
1 of more persons for affray
Power of entry - yes
Section 2 - violent disorder
Where 3 or more persons who are present together
Use or threaten unlawful violence
And the conduct taken together
Is such as to cause a person if reasonable firmness present at the scene to fear for his personal safety
Violent disorder can be…
Public or private
Sec 1 - riot - indictable only
12 or more Persons present together use or threaten unlawful violence for a common purpose
Public or private
Indictable only
Fraud act - failing to disclose info - sec 3 (either way)
Dishonestly fails to disclose to another any info which he is under legal duty to disclose
Intends a gain for himself or loss to another by this
Sec 4 - fraud by abuse of position (either way)
Dishonestly abuses position and intends to make gain for self, loss for others or risk of loss
Sec 11 - fraud - obtaining services dishonestly
Either way
Person obtains services for himself dishonestly
Section 3 - affray (either way)
A person is guilty if they use or threaten
Unlawful violence towards another
His conduct is such as would cause a person of reasonable firmness
Present at the scene
To fear for his personal safety
Robbery sec 8 theft act 68
A person commits robbery if they steal and immediately before or at the time of doing so and in order to do so
He uses force on any person or
Puts or seeks to put any person in fear of being then and there subjected to force
Is it necessary to show the robber intended to use force
No
If the force is done recklessly it is still robbery and it doesn’t have to be on purpose.. What offence is robbery ?
Yes and Indictable only
For robbery there must be a full offence of…
Theft
Can threat of force be enough for robbery
Yes - but it must be in order to facilitate the theft