Revision Bites Flashcards
What legislation is affray from
Section 3(1) Public Order Act 1986
Who must be present for an affray
The offender
The victim
At least one bystander
What is affray
Where 1 or more person uses or threatens unlawful violence
Is words alone enough for affray and what section is this under
Section 3(3) states a threat cannot be made by the use of words alone
For affray a person of reasonable firmness should fear for their personal safety
H
Where can affray take place
It can take place in both private and public places
How is affray triable
Either way offence
Definition of assault
When one person intentionally or recklessly applies force to the person of another without the others consent
Or
An assault can also occur when the actions of the person cause another to fear immediate unlawful violence
What are the two types of assault
Physical contact (battery) Threats
Four key elements of an assault
Intentionally or recklessly
Applies force-either direct or indirect
Person of another-not an animal
Consent-victim did not give consent
Five situations when consent is not required for assault
Lawful authority in law-police
Self defence
In order to prevent someone committing crime
Moderate correction of a child by its parent or guardian
Sport
Only necessary force can be used
What is assault on police
Police officer is assaulted in the execution of his or her lawful duties
If a member of the public assists a police officer in the the execution of his lawful duties and is assaulted
Definition and act of burglary
A person is guilty of burglary if he
enters any building or part of a building
As a trespasser
With intent to commit any offences mentioned in the subsections
Or
Entered any building or part of a building
As a trespasser
He steals or attempts to steal
Or inflicts or attempts to inflict on any person therein any gbh
Act of burglary
Section 9 Theft act 1968
What is 91(a) burglary
Entry took place with the intention of SID
Stealing
Inflicting GBH or
Committing unlawful criminal damage
What is 9 1(b) burglary
After the entry took place SI
Stole or intended to steal
Inflicted GBH or intended to
Points to prove for 9 1(a) burglary
Entered
Trespassing
Intended to steal or intended GBH or criminal damage
Points to prove for 9 1(b) burglary
Entered
Trespasser
Steals or intended to steal
Inflict or intended to inflict GBH
Definition of Section 5 public order act
A person is guilty of an offence if they
Use threatening or abusive words or behaviour
Or disorderly behaviour
Or display any writing, sign or other visible representation which is threatening or abusive
Within the hearing or sight of a person LIKELY to be caused harassment alarm or distress by such actions
Defences of section 5 public order
No reason to believe that a person was within sight or hearing of them
Within a dwelling and had no reason to believe that someone outside a dwelling would be offended
Thought there behaviour was reasonable
What is a dwelling person
Where someone is living at the material time, so could be a car
What can a section 5 assault take place
Public or private
In a dwelling as long as someone outside a dwelling is likely to be offended
Is there power of entry for section 5 public order act
No power even if racially aggravated but has power of arrest if necessary
What act is theft, there’s 2
Theft act 1968/1978