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Law A-Level > Unit 2 - Non-Fatal Offences Against the Person, Property Offences, Preliminary Offences > Flashcards

Unit 2 - Non-Fatal Offences Against the Person, Property Offences, Preliminary Offences Flashcards

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1
Q

Which offences against the person are created by common law rather than by statute?

A

Assault and battery.

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2
Q

What is the definition of assault?

A

“The defendant intentionally or recklessly causes victim to apprehend immediate unlawful personal violence” - Fagan v MPC, 1969

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3
Q

What type of offence is assault and what is the maximum prison sentence for it?

A

Summary, with a maximum of 6 months.

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4
Q

Case - establishing that the victim must be aware of the violence i/r/t assault

A

R v Lamb (1967) - boys with gun

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5
Q

Case - establishing that apprehension can be caused by silence i/r/t assault

A

R v Ireland (1997) - silent phone call

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6
Q

What is the definition of battery?

A

“The defendant intentionally or recklessly applies unlawful force upon the victim” - R v Ireland, 1997

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7
Q

What type of offence is battery and what is the maximum prison sentence for it?

A

Summary, with a maximum of six months.

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8
Q

Case - showing that the application of violence need not be direct i/r/t battery

A

DPP v K (1990) - acid dryer

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9
Q

Case - showing the application of force need not be hostile i/r/t battery

A

Faulkner v Talbot (1981) - indecent assault

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10
Q

Case - showing that if reckless, the Defendant must appreciate the risk

A

R v Parmenter (1991) - baby rough-handling

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11
Q

What Act of Parliament defines the offences relating to actual bodily harm and grievous bodily harm?

A

Offences against the Person Act 1861

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12
Q

Which section of the relevant Act defines assault or battery occasioning actual bodily harm?

A

Section 47

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13
Q

What type of offence is assault/battery occasioning ABH and what is the maximum prison sentence for it?

A

Either-way, with a maximum of five years.

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14
Q

What are the three parts of the actus reus of assault/battery occasioning ABH?

A
  1. Assault/battery, with all elements of that crime
  2. Directly causing
  3. Actual bodily harm
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15
Q

What is the definition of actual bodily harm?

A

“Hurt or injury calculated to interfere with health or comfort” R v Miller 1954 - pre-divorce rape

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16
Q

Case - showing that ABH must not be trivial

A

R v Chan-Fook (1994) - French window

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17
Q

Case - showing that no additional mens rea is required i/r/t assault/battery occasioning ABH

A

R v Roberts (1971) - car jump

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18
Q

Which section of the relevant Act defines wounding and GBH without intent?

A

Section 20

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19
Q

What type of offence is wounding and GBH without intent and what is the maximum prison sentence for it?

A

Either-way, with a maximum of five years.

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20
Q

What section of the relevant Act defines wounding and GBH with intent?

A

Section 18

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21
Q

What types of offence is wounding and GBH with intent and what is the maximum prison sentence for it?

A

Indictable, with a maximum of a life sentence.

22
Q

What is the legal definition of a wound, and what was the case that defined this?

A

“A break in the continuity of the skin causing external bleeding” - Moriarty v Brookes (1834) - landlord cut

23
Q

What is the definition of grievous bodily harm?

A

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.

24
Q

Case - showing that depressive illness counts as GBH

A

R v Burstow (1997) - harrasment depression

25
Q

Case - showing that STDs such as herpes count as GBH

A

R v Golding (2014) - herpes infection

26
Q

What Act defines both theft and robbery?

A

Theft Act 1968

27
Q

Which section of the relevant Act defines theft?

A

Section 1

28
Q

Define theft as per the relevant Act and note which aspects are part of the AR and which are part of the MR.

A

“dishonestly (MR) appropriates (AR) property (AR) belonging to another (AR) with the intention of permanently depriving the other of it (MR)”

29
Q

Define “appropriation” i/r/t theft.

A

“assuming the rights of an owner”

30
Q

Case - showing that appropriation can happen with consent i/r/t theft

A

Lawrence v MPC (1972) - Italian taxi

31
Q

Define “property” i/r/t theft.

A

Money, all other real or personal property.

32
Q

Case - showing that confidential information does not count as property i/r/t theft

A

Oxford v Moss (1979) - exam cheat

33
Q

Define “belonging to another” i/r/t theft

A

Another party is in possession or control.

34
Q

Case - showing that property “belonging to another” can be yours i/r/t theft

A

R v Turner (No 2) (1971) - service station car

35
Q

What are the three example defences given in the relevant Act for the “dishonestly” aspect of theft?

A
  1. Have right under law to deprive
  2. Would have consent
  3. Can’t find the owner
36
Q

What is the current test for dishonesty i/r/t theft in the courts and what case defined this?

A
  1. Decide what the defendant knew of their actions and consequences
  2. Would an ordinary person think this is dishonest?

Ivey v Genting Casinos Ltd (2017)

37
Q

Case - the previous text for dishonesty i/r/t theft

A

R v Ghosh (1982)

38
Q

Case - showing that the replacement of money does not remove intention to permanently deprive i/r/t theft

A

R v Velumyl (1989) - company safe

39
Q

Which section of the relevant Act defines robbery?

A

Section 8

40
Q

Define robbery as per the relevant Act.

A

“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”

41
Q

What is the actus reus of robbery?

A
  1. Committing theft - identical AR components
  2. Applying force or threatening to apply force
  3. For the intention of committing theft
  4. Before or during the theft
42
Q

What is the mens rea of robbery?

A
  1. Commiting theft - identical MR components

2. Intending to use force

43
Q

Case - showing that force used in robbery can be minimal

A

R v Clouden (1987) - pursesnatcher

44
Q

Case - showing that the timing of force used in robbery can be flexible

A

R v Lockley (1995) - beer thief

45
Q

What Act defines preliminary offences or “attempted crimes”?

A

Criminal Attempts Act 1981

46
Q

What is the actus reus of an attempted crime?

A
  1. Must be a positive act rather than an omission

2. Act must be more than merely preparatory to the commission of the offence

47
Q

Case - example of “merely preparatory” i/r/t attempted crime

A

R v Geddes (1996) - school bathroom

48
Q

Case - example of “more than merely preparatory” i/r/t attempted crime

A

R v Boyle and Boyle (1987) - broken hinge burglars

49
Q

What is the mens rea of an attempted crime?

A

Intent to commit the full crime, recklessness will not suffice

50
Q

Case - showing that recklessness will not suffice for an attempted crime

A

R v Millard (1987) - football fence

51
Q

What are the two types of attempting an “impossible” crime, and how do they differ?

A

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

52
Q

Cases - two examples of attempting the impossible

A

Anderton v Ryan (1985) and R v Shivpuri (1986) - video recorder “theft” and smuggling of “heroin”.

Law A-Level (10 decks)

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