Statutes

Question 1

Sexual Offences Act 2003

Answer 1

S.74 - A person consents if she agrees by choice, and has the freedom and capacity to make that choice.
S.75 - Evidential presumptions: presumed not to have consented if: D was at the time or immediately after using violence on C or threatening to another, C was unlawfully detained or asleep/unconscious.
S.76 - Negated consent through fraud.

Question 2

Theft

Answer 2

Theft Act 1968
A person is guilty of theft if s/he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it.

Question 3

Robbery

Answer 3

Theft Act 1968
A person is guilty of robbery if steals, and immediately before or at the time of doing so uses force on V or puts V in fear of being subjected to force.

Question 4

Burglary

Answer 4

Theft Act 1968
S.9(1)(a) entering a building or part of a building as a trespasser with intent to commit theft, GBH or criminal damage.
S.9(1)(b) entered building and actually commits theft or GBH
S.10 aggravated burglary, either of the above + a firearm.

Question 5

Blackmail

Answer 5

Theft Act 1968
S.21 Unwarranted demand made by D with menaces, acting with a view to gain for himself or third party, with intent to cause loss to another.
D does not believe he has reasonable grounds to make the demand or does not believe the use of menace is a proper means of enforcing the demand.

Question 6

Fraud Act 2006

Answer 6

S.2 committed by false representation. Dishonesty.
S.3 committed by failure to disclose information. Dishonesty and intending to make a gain or loss.
S.4 committed by abuse of position of trust. Dishonesty and intending to abuse position and make gain or loss.

Question 7

Assault

Answer 7

Criminal Justice Act 1988
Actus reus - defendant caused the victim to apprehend imminent unlawful force.
Mens rea - intended or was reckless that the victim would apprehend imminent, unlawful force.

Question 8

Battery

Answer 8

Criminal Justice Act 1988
Actus reus - defendant touched or applied force to the victim
Mens rea - intended or was reckless as to touching or applying force to the victim

Question 9

Assault Occasioning Bodily Harm

Answer 9

S.47 OAPA 1861
Actus reus - D must commit assault or battery causing the victim to suffer ABH.
Mens rea - D must intend or be reckless as to the assault or battery.

Question 10

Malicious Wounding / GBH

Answer 10

S.20 OAPA 1861
Actus reus - D unlawfully either 1) wounded the victim or 2) inflicted GBH to the victim
Mens rea - D foresaw that the victim might suffer some harm. Recklessness is enough.

Question 11

Wounding with Intent

Answer 11

S.18 OAPA 1861
Actus reus - D unlawfully wounded or cause GBH to any person.
Mens rea - a) D intended to cause GBH b) intended to resist/prevent lawful apprehension/detention of any person.

Question 12

Fraud Act 2006

Additional Offences

Answer 12

1) Obtaining services dishonestly.
- D must obtain services by an act, available to defendant that payment is or will be required and D must not pay in full for those services.
2) Making off without payment.
- Dishonesty is required, D must make off from spot without paying, D must know that payment is required or expected, must be an intention to avoid payment permanently.

Question 13

Criminal Damage

Answer 13

Criminal Damage Act 1971
Actus reus- destroy or damage property belonging to another, without lawful excuse.
Mens rea- with intention or recklessly, destroys or damages property belonging to another.

Question 14

Aggravated Criminal Damage

Answer 14

Criminal Damage Act 1971
Actus reus- destroy or damage property belonging to another, without lawful excuse.
Mens rea- with intention or recklessly, destroys or damages property belonging to himself or another AND intentionally or recklessly endangers life.

Question 15

Arson

Answer 15

Criminal Damage Act 1971
Actus reus - destroy or damage by fire, property belonging to himself or another, without lawful excuse.
Mens rea - with intention or recklessly.

Question 16

Threatening Criminal Damage

Answer 16

Criminal Damage Act 1971
Actus reus - threatens to destroy or damage property belonging to himself or another
Mens rea - intention that another would fear threat would be carried out/knowledge another would fear threat of damage/destruction likely to endanger life.

Question 17

Possessing with Intent anything to destroy or damage property

Answer 17

Criminal Damage Act 1971
Actus reus - possessing anything likely to cause damage or destruction, property belonging to himself or another, without lawful excuse.
Mens rea - intention to use it or cause or permit another person to use it to destroy or damage property belonging to another.