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Crime > Miscellaneous Offences Against The Person > Flashcards

Miscellaneous Offences Against The Person Flashcards

1
Q

Is consent required to prosecute for torture?

A

Yes attorney general or solicitor general

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2
Q

Can an off duty police officer be guilty of torture?

A

No not acting in their capacity as a public official

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3
Q

What must be the pain of suffering for torture?

A

It must be severe in nature - mental or physical

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4
Q

At what point is the offence of hostage taking complete?

A

Once someone has been detained, there has been a threat to kill, injure or continue to detain the hostage and has formed the intention to compel the intended recipient of the threat to act of refrain from acting.

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5
Q

If i get a ride with a fake taxi even though i willingly got in, is it kidnap?

A

Yes

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6
Q

Someone offers me a lift and i get in. In fact, they never intended to take me home but was going to take me to a warehouse. I get in and we drive a short time but throw up and he kicks me out. Kidnap?

A

Yes as he lied

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7
Q

Who can commit torture?

A

A public official or person acting in an official capacity

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8
Q

I agree to hide Luke from police because i suspect he is guilty of shoplifting. Am i guilty of assisting an offender?

A

No - because i have to BELIEVE he is guilty of an offence not suspect.

Secondly the offence must be an offence for which a person of 18 years or over (not previously convicted) may be sentenced to imprisonment for a term of five years

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9
Q

Luke comes to ours and says he is wanted for murder but that he didn’t do it. I believe he did. It turns out that he is actually innocent. Am i guilty if i hide him?

A

No - Luke must be guilty.

The defendant can commit the offence before the person he or she has assisted is convicted of committing the relevant offence. It must be shown that the defendant knew or believed the person to be guilty of that, or some other relevant offence.

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10
Q

A parson makes a complaint of rape. The next day she withdraws saying she made it up. No investigation had actually started. Is it perverting?

A

Where a person makes a false allegation to the police justifying a criminal investigation with the possible consequences of detention, arrest, charge or prosecution, and that person intends that the allegation be taken seriously, the offence of perverting the course of justice is “prima facie” made out.

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11
Q

If baba says he was victim of a racist attack but then admits he lied, is it perverting even if there wasn’t a specific suspect?

A

This will be the case “whether or not the allegation is capable of identifying specific individuals” (see R v Cotter [2002] 2 Cr App R 29, a case involving the boyfriend of a well-known black Olympic athlete who falsely claimed to have been attacked as part of a racist campaign).

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12
Q

For obstruction of postal workers, does a cashier have the power to remove someone being a cunt?

A

Section 88(4) states that a person who commits such an offence may be removed by any person engaged in the business of a universal service provider

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13
Q

If a public official tells someone to torture another, is it torture?

A

Yes

Severe pain or suffering
At the instigation or with the consent or acquiescence of a public official

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14
Q

We know that for the poisoning offence there must be a result whereas the poisoning with intent offence does not. What result must occur?

A

Lives being endangered

GBH being caused

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15
Q

For poising with intent, what must the intent be to cause?

A

Aggrieve
Injure
Annoy

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16
Q

how is the fact that something is poisonous, destructive or noxious determined?

A

By its quality and quantity

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17
Q

Is it poisoning if you inject someone with heroin but they consented?

A

Yes

You cant consent to something that public policy invalidates consent.

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18
Q

If i arrange for someone to be kidnapped, do i actually commit the offence of kidnap if I don’t take anyone anywhere myself and I’m not present?

A

No - the defendant must be present.

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19
Q

When is the offence of hostage taking complete?

A

Detained a person
Has threatened to kill, injure or continued to detain
And has formed the intention to compel the intended recipient of the threat to act or refrain from acting

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20
Q

If someone puts something in a drink to loosen them up, does this count as intent to injure, annoy or aggrieve?

A

No

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21
Q

What if i put a drug in Lucy’s drink with the required intent but someone else drinks it and isn’t caused GBH or their life endangered?

A

No offence. I must have the intent towards the person that actually drinks it.

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22
Q

Are individual people classed as public authorities or is it just the authority they work for?

A

Individuals can be classed as public authorities for torture.

Therefore, not only are police organisations public authorities, but so are individual police officers—whether they are regular officers or special constables—and others who are employed by the police to exercise policing powers.

23
Q

Taxi driver tricks someone into getting in the cab and he drives off. She eventually gets out after pleading with him. At what point was kidnap first committed?

A - when she got in the taxi
B - when he drives off

A

A

When BROWN tricks HUTCHINS, he moves her, by fraud, and at that point the offence is committed

24
Q

For poisoning, is it section 23 or 24 that relates to intent?

A

23 - result offence - endanger life/GBH

24 - intent offence - injure/annoy/aggrieve

25
Q

Do you need DPP authority to prosecute for kidnap?

A

No unless:

Victim is under 16
Or the suspect is a parent or guardian

26
Q

Is there a defence to torture?

A

There is to the criminal offence - lawful authority, justification or excuse HOWEVER article 3 overrules this and there is no defence, it is absolute.

27
Q

I know that section 23 of the offences against the person act relates to the result offence of GBH or endanger life. Do you need to show intent for this offence?

A

No just the result. No intent required.

28
Q

For the offence of using noxious substances to cause harm or intimidation under section 13 anti-terrorism, crime and security act 2001; I know that it actually has to be a noxious substance and NOT talcum powder etc.

What kind of effect must it have on the victim?

A

Has or is likely to have an effect:

  • serious violence
  • serious damage to property
  • endangering human life
  • creating a serious risk to the health and safety of the public
  • inducing members of the public to dear endanger life or create a serious risk to their health or safety
29
Q

Suspect sends a noxious substance in the post to a police station. The SDO opens it and fears for her life. The substance is tiny and does not have any effect whatsoever. The intent is to annoy the police. Is this using a substance to cause harm/intimidation?

A

No

  1. Substance is noxious - YES
  2. Has or is likely to induce members of the public to fear that their lives are endangered/risk to their health and safety - YES
  3. Designed to influence government/intimidate public - NO
30
Q

Using a noxious substance can cause serious violence/damage/endanger life/health and safety/fear of life and health and safety however what must it be designed to do?

A
  • influence the government

- intimidate the public or section of the public

31
Q

For a slavery and trafficking risk order, what must the court be satisfied of?

A

That there is a risk the defendant MAY commit a slavery or human trafficking offence AND

The STRO is necessary to protect against the risk of harm from the defendant committing the offence.

32
Q

Can you get an STRO even if I think the suspect may commit a slavery offence or is it RGS/RGB/will commit an offence?

A

May is fine

33
Q

Who can apply for a STRO?

A

Police
NCA
UKBA

If NCA or UKBA get one, then they MUST notify the chief of police for the area where the offender either resides OR is believed to be reside.

34
Q

How long does a slavery and trafficking prevention order last for?

A

Up to 5 years.

35
Q

Can you get a STPO if the offence the suspect has convicted or cautioned of was committed abroad?

A

Yes

The court must however be satisfied that the defendant MAY commit another slavery offence.

36
Q

Can you get a STPO even if the offence convicted of pre-dates the 2015 legislation?

A

Yes

37
Q

Vehicles, ships and aircrafts can be detained pending the outcome of a case or application for forfeiture. They can then be released for surety or security. Who can they be released to?

A

Owner
Person who had possession under HP agreement.
Chartered.

Not the driver or captain.

38
Q

Do you have a defence if you lock who you believe to be a burglar in a room but it actually turns out to be a workman?

A

Yes

A householder has a defence to false imprisonment where they detain someone in their home they genuinely believed to be a burglar.

39
Q

Is the duration of a STPO and a STRO the same?

A

Yes both max 5 years.

40
Q

Can you detain any vehicle/ship/aircraft if we have RGB to that the vehicle has been used in human trafficking?

A

Yes but the owner, driver or captain MUST have been arrested as well.

41
Q

I come across a boat that is empty on the shore. I believe it is being used for human trafficking. Can I seize it?

A

No

The owner or captain must have been arrested for the section 25 immigration act offence too.

42
Q

Lucy is babysitting and asks me to look after the child whilst she pops next door. Whilst she is out i burn the child with a cigarette. Who is guilty of child cruelty?

A

Both of us.

The fact that she goes next door and does not have care of the child does not mean that her legal responsibility has ceased.

43
Q

If a very young child consents to going off with someone could it be kidnap?

A

Yes as they cannot consent. If they are older, it is a matter for the jury to decide whether the child can consent and whether consent was given.

44
Q

Can you recklessly take hostages?

A

No - intent required.

Any country and any citizen.

45
Q

Could an interpreter commit torture?

A

Yes - if acting in official capacity.

46
Q

Can you recklessly commit torture?

A

No must be intentional only.

47
Q

In a national emergency, could you commit torture?

A

No never.

48
Q

What constitutes degrading treatment for torture?

A

Fear, anguish, causing feelings of inferiority and humiliation

49
Q

What are the intent and result poisoning offences?

A

Section 23 - result - GBH/endanger life

Section 24 - intent - aggrieve, injure, annoy

50
Q

What are the max sentences for poisoning?

A

Section 23 - GBH/life endangered - 10 years

Section 24 - Intent to aggrieve/injure/annoy - 5 years

51
Q

Could a medical professional giving someone medication be guilty of poisoning?

A

Yes if it is unlawful.

If is lawful but something goes wrong - no offence.

52
Q

Does poisoning include inducing someone to poison themselves?

A

Yes

53
Q

Is supplying someone drugs who immediately takes it poisoning?

A

Yes

54
Q

Can you ever consent to being poisoned?

A

Only for medical purposes.

Crime (18 decks)

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