Week 2 Flashcards
What is the definition of theft and which act does it fall under?
Section 1 Theft Act 1968
Dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it
What is the definition of assault and which act does it fall under?
Section 39 criminal Justice Act 1988
Any intentional or reckless act which causes a person to apprehend immediate unlawful force or personal violence
What is the definition of battery and which act does it fall under?
Section 39 Criminal Justice Act 1988
Any intentional or reckless infliction of unlawful force or personal violence
What is the definition of criminal damage and what Act does it fall under?
Section 1 Criminal Damage Act 1971
Without lawful excuse destroys or damages any property belonging to another intending to destroy or damage such property or being reckless as to whether any such property would be destroyed or damaged
What is the definition of criminal attempts?
With intent to commit an offence to which this section applies (indictable offences), a person does an act which is more than merely preparatory to the commission of the offence
What are the three key sections of the criminal attempts Act 1981?
S(1)(1) - liable to penalty of the full offence
S(1)(2) - can attempt the impossible if it was an offence
S(1)(3) - belief that it is an offence but it isn’t (mens rea - guilty mind)
What is the definition of Fraud?
Dishonestly makes a false representation, and intends, by making the representation:
- to make a gain for himself or another or
- to cause loss to another or to expose another to a risk of a loss
A representation is false if:
- it is untrue or misleading and,
- the person making it knows that it is, or might be, untrue or misleading