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ALL SQE > Criminal Offences > Flashcards

Criminal Offences Flashcards

(57 cards)

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1
Q

Assault

A

AR - D must case V to apprehend application of immediate unlawful physical force

MR - intention/reckless

Fine/6months - SO

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2
Q

Is fear necessary for assault

A

No just that the V apprehended immediate infliction of violence
Does not matter that D cannot inflict violence it’s what V believes

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3
Q

Battery

A

AR - D must apply unlawful force to V

MR - intention/reckless

Fine/6 months - SO

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4
Q

Can D be guilty of force is applied by an agent controlled by D (example)

A

Yes
Ds dog
Ds weapon
Knocking one person into another
Mum dropping a baby

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5
Q

S47 elements

A

AR - assault or battery which causes ABH

MR - intention/recklessness

TEW - max 5yrs

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6
Q

What is ABH defined as

A

Any hurt or injury which interferes with the health and comfort of V

Cut/bruise/hair cutting/psychological

More than Trivial or transient. Grazes/scratches won’t count

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7
Q

S20 elements

A

AR - Unlawfully wound or inflict GBH

MR - intention or reckless to foresee some harm. He does not need to foresee a word or GBH just some harm

Max 5 years TEW

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8
Q

Wound v inflict GBH

A

Wound - break both layers of skin
(Broken bone not thru skin not a wound/nor blood vessel rupture)

Inflict GBH - really serious bodily harm (broken bone/knocked out)
Need causation

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9
Q

S18 elements

A

AR - d must wound or cause GBH

MR - intention

Life imprisonment

MR INCLUDES THE INTENTION TO RESIST ARREST OR PREVENT ANOTHERS ARREST AND DOING SI RESULTS IN A WOUND/GBH

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10
Q

Murder elements

A

AR - unlawfully kill another human in king’s peace

MR - intention to kill or cause GBH

D foresaw the consequence as a virtual certainty result of his actions

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11
Q

Does the killing of an unborn child count as murder

A

No

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12
Q

Does fatally injuring an unborn child who has then been born and dies count as murder

A

Yes

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13
Q

When will acts of a third party break the chain of causation in a criminal offence

A

If third party acted freely, deliberately and informed
(Not reasonably)

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14
Q

When will acts of the V break the change of causation

A

Acted unreasonably

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15
Q

If the death occurs after 3 years of the injury occurring what is need to be prosecuted

A

Attorney Generals permission

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16
Q

Diminished Responsibility elements

A

Suffered mental condition

Caused by a medical condition

Must substantially impair Ds inability to understand nature of act/self control

Must be a significant cause in D killing

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17
Q

What are the two specific defences to murder

A

Diminished responsibility
Loss of control

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18
Q

Loss of control elements

A

Ds loss of control (not able to restrain himself) need not be sudden but more time passes less likely to apply

Qualifying trigger
Fear of SERIOUS violence
Things seriously said or done and D felt seriously wronged

Someone of same age and self restraint in the circumstances would have acted the same way
(DO NOT TAKE INTO ACCOUNT Ds INDIVIDUAL CIRCUMSTANCES)

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19
Q

Unlawful act manslaughter elements

A

AR - d committed an unlawful act which causes death

MR - intention to commit unlawful act (not death) D does not need to foresee any risk of death arising from his actions

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20
Q

Unlawful act must be dangerous what does this mean

A

Objective test as to whether a person would consider some harm no matter how small it’s sufficient to establish dangerousness

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21
Q

Gross negligence manslaughter

A

No need for D to commit a criminal act

DOC
Breached the duty
RP in Ds shoes would have foreseen a Serious obvious risk of death
Grossly negligent (so bad)

RP reasonable person

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22
Q

What are the sections for theft, burglary and robbery

A

S1 theft act - Theft
S8 theft act - robbery
S9 theft act - burglary
S10 theft act - aggravated burglary

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23
Q

Theft elements

Study These Flashcards
A

AR appropriate property belonging to another

MR - dishonest and intend to permanently deprive the other of the property

24
Q

Is taking property from outside a house theft

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A

yes as personal property belonging to an individual is rarely abandoned as they intend bin men to take

25
What is not included as property for theft
Land Electricity Mushrooms/plants (unless for sale) Wild animal Confidential information
26
Can lost or forgotten items be theft if taken
Yes unless it can be shown really obviously it's abandoned
27
If a D gives a person money to pay a bill and they fail to do so and use money for another purpose is this theft
Yes
28
If property is given to someone by mistake and that person is aware of the mistake is it theft
Yes
29
What 3 scenarios can D not be dishonest for theft
D held a genuine honest belief (does not matter if mistaken or silly) D believed owner consented or would have consented D genuinely believed it was abandoned
30
Dishonesty for theft
Subjective - what was Ds knowledge Objective - was his knowledge dishonest on the standards of an ordinary decent person
31
If D takes money and intends to replace later is it still theft
Yes
32
Robbery elements
AR theft with force MR dishonesty and intention to permanently deprive
33
If D tries to take property from V and the property falls to the floor is this still robbery
Yes
34
Burglary s9(1)(a) v s9(1)(b)
1a - enters with intention to comitt theft/criminal damage/GBH 1b - after entered attempts/steaks or inflicts GBH (NO CRIMINAL DAMAGE)
35
Does only part of a body entering a premises count as burglary
Yes
36
If D enters a building as a trespasser must he have actually committed theft, criminal damage or GBH
No he just needs to have the intention to do those
37
When will burglary become aggravated
When at the time of committing the offence d had a firearm, weapon, explosive
38
A person is guilty of fraud in one of three ways
False representation Failing to disclose Abuse of position
39
What is the MR for fraud
D knows the representation is false or misleading by being dishonest and intends to make a gain for himself or another or cause loss
40
Criminal damage elements
AR d must destroy or damage property belonging to another without a lawful excuse MR. Intention or reckless
41
Can information be property for the purpose of criminal damage
No
42
Two criminal damage specific defences
D honestly believed he had consent D acted to protect property
43
If Ds belief is mistaken due to voluntary intoxication can he be guilty of criminal damage
No as long as he genuinely held the belief
44
Aggravated criminal damage - can D destroy his own property
Yes
45
Aggravated criminal damage what's key about endangering life
D must intend/foresee that his damage to the property will cause someone's life to be endangered
46
Does there have to be actual danger to life for aggravated criminal damage to be proven
No what matters is Ds state of mind Did he intend or foresee life to be endangered
47
Can computer programs be destroyed or damaged
Modifications of contents of a computer does not amount t to damage UNLESS it impairs its physical condition I.e deletion is damage
48
Can copyright be damaged for criminal damage
No
49
Can animals be damages under criminal damage
Yes so long as it's a pet/zoo
50
Land cannot be stolen but can be damaged true/false
True
51
If a D has a charge over a property he owns can he cause criminal damage to it
Yes as although it's Ds property it is subject to a mortgage so they have control over the property
52
Which offences lawful excuse in criminal damage relate to
Simple criminal damage AND Simple Arson NOT For Aggravated C/D
53
Is aggravated c/d a specific intent offence
Yes due to the ulterior men's rea Therefore voluntary intoxication can act as a defence
54
55
For the offence of fraud by false representation does the D need to know that the representation is, might be false
Yes it is not enough that the D merely believes that a statements is untrue or misleading Knows untrue Knows might me untrue Knows misleading Knows might be misleading
56
Does the representation need to be received for fraud by false representation
No only that it is made/directed at someone
57
Can the D be guilty where a false representation is made which is in fact true
No even if D believed it to be false but could be an attempt

ALL SQE (11 decks)

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