Essential Definitions Flashcards
What is the caution statement?
You do not have to say anything, but it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence.
What is the legislation for theft?
S.1 Theft Act 1968
What is the definition of theft?
Dishonestly appropriating property belonging to another with the intention of permanently depriving the other of it
What is the legislation for robbery?
S.8 Theft Act 1968
What is the definition of robbery?
Stealing, and immediately before or at the time of doing so, and in order to do so, he uses force on any person. Or puts or seeks to put any person in fear of being then and there subjected to force
What is the legislation for burglary?
S.9 (1) a & b Theft Act 1968
What is the definition of burglary pertaining to s.9(1)a of the theft act 1968?
Entering any building or part of a building as a trespasser and with intent to steal anything in the building or part of the building in question, or inflict on any person therein any grievous bodily harm or of doing unlawful damage to the building or anything therein
What is the definition of burglary pertaining to s.9(1)b of the Theft Act 1968?
Having entered any building or part of a building as a trespasser he steals or attempts to steal anything in the building or that part of it or inflicts or attempts to inflict on any person therein grievous bodily harm
What is the legislation for aggravated burglary?
S.10 Theft Act 1968
What is the definition of aggravated burglary?
Committing any burglary and at the time has with him any;
W - weapon of offence
I - imitation firearm
F - firearm
E - explosive
What is the legislation for fraud?
Fraud Act 2006
What is the definition of fraud?
dishonestly fails to disclose to another person information which he is under a legal duty to disclose, and intends, by failing to disclose the information to make a gain for himself or another or to cause loss to another or to expose another to risk of loss
What is the legislation for fraud by false representation?
S.2 Fraud Act 2006 a & b (I) (II)
What is the definition of fraud by false representation?
a) dishonestly makes a false representation and
b) intends, by making the representation
I) to make a gain for himself or another or
II) to cause loss to another or to expose another to a risk of loss
What are the different types of assaults?
Assault
Battery
Common assault
Actual bodily harm
Grievous bodily harm / wounding
Grievous bodily harm / wounding with intent
What is the definition of assault?
An assault is any intentional or reckless act which causes a person to apprehend immediate unlawful force or personal violence
What is the definition of battery?
Battery is any intentional or reckless infliction of unlawful force or personal violence
What is the definition of common assault?
Common assault is an assault or battery in which no injury is caused
What is the legislation for common assault?
S.39 Criminal Justice Act 1988
What is the definition of actual bodily harm?
Whosoever shall be convicted upon an indictment of any assault occasioning actual bodily harm shall be guilty of an offence
What is the legislation for actual bodily harm?
S.47 Offences Against the Person Act 1861
What is the definition of grievous bodily harm?
Whosoever shall unlawfully and maliciously wound or inflict any grievous bodily harm upon any other person, either with or without any weapon or instrument shall be guilty of an offence
What is the legislation for grievous bodily harm / wounding?
S.20 Offences Against the Person Act 1861
What is the definition of grievous bodily harm / wounding with intent?
Whosoever shall unlawfully and maliciously by any means whatsoever wound or cause any grievous bodily harm to a person
With intent to do some grievous bodily harm to any person
Or with intent to resist or prevent the lawful apprehension or detainer of any person shall be guilty of an offence
