Crim law AR and MR

Question 1

What are non-fatal offences against the Person?

Answer 1

Offences of violent harm that are not sexual and do not lead to death

Question 2

What are the AR and MR elements for basic criminal damage (section 1 of the CDA)? Describe any relevant details.

Answer 2

AR:
* Damage or destruction of (damage is a question of fact to be assessed in each case, but an alteration to the physical nature of the property may amount to damage if it leads to a reduction in value on usefulness of an item)
* Property (must be tangible, and can include land, money, and tamed or captured wild animals)
* Belong to another (property belongs to another if that person has custody, control, charge, or any proprietary right)
* Without lawful excuse

MR:
* Intention (the defendants aim, purpose, or desire) to damage or destroy property belonging to another
* Recklessness (if they were aware of a risk of damage and unjustifiably went on to take that risk) as to damage or destruction of property belonging to another

Intention of recklessness must relate to both damage, and the fact that property belongs to another. A person who damages property, believing it to be their own will not be guilty.

Question 3

What are the AR and MR elements of action based burglary (section 9(1)(b) of the theft act)? Describe any relevant details.

Answer 3

AR:
* Entry into (only needs to be effective, not complete, such as leaning through a broken window)
* A building or part of a building (a person who lawfully enters one part of the building, but then enters another part as a trespasser or form intent once within the building, will be committing burglary by entering a different part)
* As a trespasser (If someone enters someone else’s property without lawful authority, or permission of the person who has possession of it)

AR and MR of:
* Theft
* Attempted theft
* Inflicting GBH
* Attempted GBH

Action based burglary requires a person to commit a further offence after having entered as a trespasser, and the AR and MR of those offences must be proven fully. The person doesn’t need to have the intention to commit these offences at the point of entry

Question 4

What are the AR and MR elements of aggravated criminal damage (section 1(2) of the CDA)?

Answer 4

AR:
* Damage or destruction of (damage is a question of fact to be assessed in each case, but an alteration to the physical nature of the property may amount to damage if it leads to a reduction in value on usefulness of an item)
* Property (must be tangible, and can include land, money, and tamed or captured wild animals)
* Without lawful excuse

MR:
* Intention to damage or destroy property or recklessness as to damage or destruction of property
* Intention or recklessness to endanger life (doesn’t have to be any actual endangering of life, as long as the defendant intended, or was reckless as to whether life was in danger) by the destruction or damage (it has to be the damage that endangers life, not the actions that lead to the damage)

CDA offences do not apply to aggravated criminal damage

Question 5

What are the AR and MR elements of assault (s 39 criminal justice act)? Describe any relevant points.

Answer 5

AR:
* Causing the victim to
* Apprehend (the victim simply has to believe violence is likely. A mere threat of force is sufficient)
* Immediate (the very near future but doesn’t have to be instantaneous)
* Unlawful
* Physical force (the slightest touch will suffice, even through clothing, if it is unlawful)

MR:
* Intention to cause the victim to apprehend immediate unlawful physical force
* Recklessness as to causing the victim to apprehend immediate unlawful physical force

Question 6

What are the AR and MR elements of battery (s 39 criminal justice act)? Describe any relevant points.

Answer 6

AR:
* Application of (any act that leads to someone being touched or force being applied, force can be applied directly or indirectly)
* Unlawful
* Physical force (the slightest touch will suffice, even through clothing, if it is unlawful)

MR:
* Intention to apply unlawful physical force
* Recklessness as to the application of unlawful physical force

The defendant must either intend to apply unlawful physical force or foresee that there is a risk that their actions will result in it

Question 7

What are the AR and MR elements of fraud: abuse of position?

Answer 7

AR:
* Position of trust
* Abuse of that position

MR:
* Dishonesty
* Intention to gain for self or another
* Intention to cause loss to another

An abuse of position can be done by act or by an omission, and the conduct must breach any defined fiduciary dusty

Question 8

What are the AR and MR elements of fraud: false representation?

Answer 8

AR:
* Representation
* That is false

MR:
* Dishonesty
* Intention to gain for self or another
* Intention to cause loss to another
* Knowledge or belief it is false

If a person makes a representation that subsequently becomes false and does not correct the representation, they may be committing an offence

Question 9

What are the AR and MR elements of fraud: non-disclosure?

Answer 9

AR:
* Duty to disclose
* Failure to disclose

MR:
* Dishonesty
* Intention to gain for self or another
* Intention to cause loss to another

Failure to disclose will generally be committed by omission

Question 10

What are the partial defences that can be used for voluntary manslaughter?

Answer 10

• Diminished responsibility
• Loss of control

Question 11

What are the three weapon types for aggravated burglary?

Answer 11

1. Firearm (Including items that have the appearance of a firearm)
2. Weapon of offence (Items made or adapted for causing injury, or offensive weapons such as flick knives or knuckledusters)
3. Explosive

Question 12

What four criminal damage offences under the criminal damage act are there?

Answer 12

1. Basic criminal damage, that is then aggravated in three ways:
2. Aggravated criminal damage
3. Arson
4. Aggravated arson

Question 13

What is a wound?

Answer 13

An injury that breaks through both layers of the skin, and can include deeper cuts and lacerations

Question 14

What is aggravated burglary?

Answer 14

A burglary with the added offence element of having one of three types of dangerous or offensive weapons

There are no additional MR requirements other than the defendant must know that they possess the relevant item, and the jury must decide what the real reason for possession is

Question 15

What is aggravated criminal damage?

Answer 15

Involves intention or recklessness as to a risk of danger to others, and can be committed on one’s own property

Question 16

What is basic intent offence?

Answer 16

A crime that can be committed intentionally or recklessly

Question 17

What is battery?

Answer 17

The physical application of unlawful force to another person. There is no need for any injury to have been sustained, it is enough that force is inflicted.

Question 18

What is GBH?

Answer 18

Really serious harm that goes beyond ABH and can include broken bones, severe burns, severe bleeding, permanent disfigurement, or lengthy incapacity.

It can also include serious psychiatric harm

Question 19

What is robbery?

Answer 19

Violent theft

Question 20

What is specific intent offence?

Answer 20

A crime that is committed with the intention of achieving a specific objective

Question 21

What is the difference between criminal damage and aggravated criminal damage?

Answer 21

Aggravated criminal damage the property does not have to belong to another

Question 22

What is the difference between section 20 and section 18 offences?

Answer 22

Section 18 requires a higher level of MR than section 20, and section 18 requires intent to cause the GBH

Question 23

What offence is charged under section 1 of the theft act?

Answer 23

Theft

Question 24

What offence is charged under section 8 of the theft act?

Answer 24

Robbery

Question 25

What offence is charged under section 9 of the theft act?

Answer 25

Burglary and aggravated burglary

Question 26

What offences are charged under section 39 of the criminal justice act 1988?

Answer 26

Common assault offences

Question 27

What offences are found under the Offences Against the Person Act (OAPA)?

Answer 27

* S 47 assault occasioning ABH * S 20 inflicting GBH or a wound * S 18 causing GBH or a wound with intent

Question 28

Where is assault occasioning ABH found?

Answer 28

S 47 OAPA

Question 29

Where is inflicting GBH or a wound found?

Answer 29

S 20 OAPA

Question 30

What are the AR and MR elements of gross negligence manslaughter?

Answer 30

AR: * **There’s a duty of care to the victim** * **Breach of the duty** (judged by an ordinary person in the same situation) **poses a risk of death** (A reasonably prudent person in the same position as the defendant must have seen an obvious and serious risk of death, not just injury) * **Breach causes death** (doesn’t need to be the sole cause provided it contributed significantly) MR: * **Breach of duty** (negligence) * **Breach was “grossly negligent”** (So bad, so obviously wrong. that having regard to the risk of death involved, it can properly be condemned as criminal)

Question 31

What are the AR and MR elements of intentional burglary (section 9(1)(a) of the theft act)? Describe any relevant details.

Answer 31

AR: * **Entry into** (only needs to be effective, not complete, such as leaning through a broken window) * **A building or part of a building** (a person who lawfully enters one part of the building, but then enters another part as a trespasser or form intent once within the building, will be committing burglary by entering a different part) * **As a trespasser** (If someone enters someone else’s property without lawful authority, or permission of the person who has possession of it) MR: * Intention to steal * Intention to inflict GBH * Intention to cause unlawful damage * Knowledge of trespass

Question 32

What are the AR and MR elements of murder?

Answer 32

AR: * **The unlawful** * **Killing of** (the act must cause death both legally and factually) * **A living person** (unborn children don’t count) * **In the Kings peace** MR: * **Intention to kill or cause serious harm** | Intention is always required for murder, recklessness is not enough ## Footnote An act will cause death if the victims life has been cut short by any period, or death has been hastened

Question 33

What are the AR and MR elements of robbery (section 8 of the theft act)? Describe any relevant details.

Answer 33

AR: * **Steals** (all elements of theft must be proven for something to have been stolen) and * **Immediately before, or at the time of stealing** (if it doesn’t happen at this time we’re left with a separate theft and assault), **and in order to steal** (force must be used in order to enable the theft to occur) * **Uses force** (there is no minimum requirement for force, and it can be indirectly applied or can be a mere threat) **on any person or causes a person to apprehend the use of force** MR: * **Dishonesty** * **Intention to deprive that other person of the property** ## Footnote The person who uses or threatens the force, but fails to complete the theft can be convicted of assault with intent to rob, which carries the same sentence

Question 34

What are the AR and MR elements of s 18 OAPA (inflicting GBH or a wound with intent)? Describe any relevant points.

Answer 34

AR: * **Causing** (the defendant’s act caused the injury) **GBH** * **Causing** (the defendants act caused the injury) **a wound** MR: * **Intention to cause GBH** * **Intention to resist or prevent the lawful apprehension of any person** (resisting one’s own arrest or helping someone else to escape, and has intention or foresight of some harm) ## Footnote A person will only be guilty of a section 18 offence if they intended to cause GBH

Question 35

What are the AR and MR elements of s 20 OAPA (inflicting GBH or a wound)? Describe any relevant points.

Answer 35

AR: * **Inflicting** (the defendant’s act caused the injury) **GBH** * **Causing** (the defendants act caused the injury) **a wound** MR: * **Intention to cause some harm** * **Recklessness as to causing some harm** ## Footnote The defendant does not have to intend or foresee GBH or wounding

Question 36

What are the AR and MR elements of s 47 OAPA (assault occasioning ABH)? Describe any relevant points.

Answer 36

AR: * **AR of assault or battery** (because this offence is a more serious form of assault or battery, a basic assault or battery needs to be fully proven) * **Occasioning** (cause) * **Actual bodily harm** (any injury that is more than merely transient or trifling) MR: * **MR of assault or battery (intention or recklessness)** ## Footnote The defendant doesn’t have to be reckless or intend as to whether ABH was caused. So someone with the MR for the assault or battery will be guilty or a section 47 offence, even if the resulting harm is unexpected or unpredictable as long as it was a natural result of the assault or battery.

Question 37

What are the AR and MR elements of theft (section 1 of the theft act)?

Answer 37

AR: * Appropriation of * Property * Belong to another MR: * Dishonesty * Intention to deprive that other person of the property

Question 38

What are the AR and MR elements of unlawful act manslaughter?

Answer 38

AR: * **The (positive) act was unlawful and dangerous** (the criminal offence need not be violent, and need not be aimed at a person) * **And the act killed a living person** (there must be a direct link between act and the death) MR: * **The defendant committed an unlawful act that had both the AR and MR of a crime** ## Footnote Once the MR of the underlying unlawful act is established, no further MR is required. The defendant does not need to have seen death, or even any harm, so as long as the act is dangerous.

Question 39

Where is inflicting GBH or a wound with intent found?

Answer 39

S 18 OAPA

Question 40

What is hearsay?

Answer 40

Information that someone is recounting what someone else has told them, rather than their own firsthand experience. It's made outside of court that's presented in court to prove something as true, but the original speaker is not directly testifying

Question 41

What counts as damage of property (under property damage)?

Answer 41

An alteration to the physical nature of the property may amount to damage if it leads to a reduction in value or usefulness of an item