Unit 2 - Non-Fatal Offences Against the Person, Property Offences, Preliminary Offences Flashcards
Which offences against the person are created by common law rather than by statute?
Assault and battery.
What is the definition of assault?
“The defendant intentionally or recklessly causes victim to apprehend immediate unlawful personal violence” - Fagan v MPC, 1969
What type of offence is assault and what is the maximum prison sentence for it?
Summary, with a maximum of 6 months.
Case - establishing that the victim must be aware of the violence i/r/t assault
R v Lamb (1967) - boys with gun
Case - establishing that apprehension can be caused by silence i/r/t assault
R v Ireland (1997) - silent phone call
What is the definition of battery?
“The defendant intentionally or recklessly applies unlawful force upon the victim” - R v Ireland, 1997
What type of offence is battery and what is the maximum prison sentence for it?
Summary, with a maximum of six months.
Case - showing that the application of violence need not be direct i/r/t battery
DPP v K (1990) - acid dryer
Case - showing the application of force need not be hostile i/r/t battery
Faulkner v Talbot (1981) - indecent assault
Case - showing that if reckless, the Defendant must appreciate the risk
R v Parmenter (1991) - baby rough-handling
What Act of Parliament defines the offences relating to actual bodily harm and grievous bodily harm?
Offences against the Person Act 1861
Which section of the relevant Act defines assault or battery occasioning actual bodily harm?
Section 47
What type of offence is assault/battery occasioning ABH and what is the maximum prison sentence for it?
Either-way, with a maximum of five years.
What are the three parts of the actus reus of assault/battery occasioning ABH?
- Assault/battery, with all elements of that crime
- Directly causing
- Actual bodily harm
What is the definition of actual bodily harm?
“Hurt or injury calculated to interfere with health or comfort” R v Miller 1954 - pre-divorce rape
Case - showing that ABH must not be trivial
R v Chan-Fook (1994) - French window
Case - showing that no additional mens rea is required i/r/t assault/battery occasioning ABH
R v Roberts (1971) - car jump
Which section of the relevant Act defines wounding and GBH without intent?
Section 20
What type of offence is wounding and GBH without intent and what is the maximum prison sentence for it?
Either-way, with a maximum of five years.
What section of the relevant Act defines wounding and GBH with intent?
Section 18
What types of offence is wounding and GBH with intent and what is the maximum prison sentence for it?
Indictable, with a maximum of a life sentence.
What is the legal definition of a wound, and what was the case that defined this?
“A break in the continuity of the skin causing external bleeding” - Moriarty v Brookes (1834) - landlord cut
What is the definition of grievous bodily harm?
Really serious harm such as long-term permanent injury or injury requiring extensive treatment, psychiatric injury, multiple examples of actual bodily harm, or lesser harm done to a vulnerable party.
Case - showing that depressive illness counts as GBH
R v Burstow (1997) - harrasment depression
Case - showing that STDs such as herpes count as GBH
R v Golding (2014) - herpes infection
What Act defines both theft and robbery?
Theft Act 1968
Which section of the relevant Act defines theft?
Section 1
Define theft as per the relevant Act and note which aspects are part of the AR and which are part of the MR.
“dishonestly (MR) appropriates (AR) property (AR) belonging to another (AR) with the intention of permanently depriving the other of it (MR)”
Define “appropriation” i/r/t theft.
“assuming the rights of an owner”
Case - showing that appropriation can happen with consent i/r/t theft
Lawrence v MPC (1972) - Italian taxi
Define “property” i/r/t theft.
Money, all other real or personal property.
Case - showing that confidential information does not count as property i/r/t theft
Oxford v Moss (1979) - exam cheat
Define “belonging to another” i/r/t theft
Another party is in possession or control.
Case - showing that property “belonging to another” can be yours i/r/t theft
R v Turner (No 2) (1971) - service station car
What are the three example defences given in the relevant Act for the “dishonestly” aspect of theft?
- Have right under law to deprive
- Would have consent
- Can’t find the owner
What is the current test for dishonesty i/r/t theft in the courts and what case defined this?
- Decide what the defendant knew of their actions and consequences
- Would an ordinary person think this is dishonest?
Ivey v Genting Casinos Ltd (2017)
Case - the previous text for dishonesty i/r/t theft
R v Ghosh (1982)
Case - showing that the replacement of money does not remove intention to permanently deprive i/r/t theft
R v Velumyl (1989) - company safe
Which section of the relevant Act defines robbery?
Section 8
Define robbery as per the relevant Act.
“steals and, immediately before or while doing so, and in order to do so, uses force on a person or puts someone in fear of force then and there”
What is the actus reus of robbery?
- Committing theft - identical AR components
- Applying force or threatening to apply force
- For the intention of committing theft
- Before or during the theft
What is the mens rea of robbery?
- Commiting theft - identical MR components
2. Intending to use force
Case - showing that force used in robbery can be minimal
R v Clouden (1987) - pursesnatcher
Case - showing that the timing of force used in robbery can be flexible
R v Lockley (1995) - beer thief
What Act defines preliminary offences or “attempted crimes”?
Criminal Attempts Act 1981
What is the actus reus of an attempted crime?
- Must be a positive act rather than an omission
2. Act must be more than merely preparatory to the commission of the offence
Case - example of “merely preparatory” i/r/t attempted crime
R v Geddes (1996) - school bathroom
Case - example of “more than merely preparatory” i/r/t attempted crime
R v Boyle and Boyle (1987) - broken hinge burglars
What is the mens rea of an attempted crime?
Intent to commit the full crime, recklessness will not suffice
Case - showing that recklessness will not suffice for an attempted crime
R v Millard (1987) - football fence
What are the two types of attempting an “impossible” crime, and how do they differ?
Factual impossibility - “attempting to commit an offence even though commission of the offence is impossible”
Legal impossibility - incident would not have been a crime if attempted
Cases - two examples of attempting the impossible
Anderton v Ryan (1985) and R v Shivpuri (1986) - video recorder “theft” and smuggling of “heroin”.
