ABH (s.47 OAPA) - elements of offence
- Assault or battery by D
- intention/recklessness re: assault/battery
- which causes actual bodily harm (incl. psychiatric)
e/w
Affray (s.3 POA)
- D used or threatened unlawful violence OR 2 or more persons together used or threatened unlawful violence
- towards another
- D intends to use/threaten violence or is aware his conduct may be violent/threaten violence
- conduct causes a person of reasonable firmness at the scene to fear for his personal safety (hypothetical bystander)
e/w
Possession of an Offensive Weapon (s.1 POCA)
- D had an offensive weapon (per se, adapted for causing injury, innocent item with intent to cause injury)
- knowingly, in his posession
- in a public place
- without lawful authority or reasonable excuse
e/w
Theft (s.1 TA)
- D dishonestly
- appropriated
- property
- belonging to another
- with intent to permanently deprive
evidence to consider for whether there is a prosecution case
- witness statements from victim or anyone?
- medical evidence?
- evidence of all elements of the case
- evidence conclusive?
- witnesses?
- is client injured?
defences for ABH
SELF DEFENCE
defences for affray
self defence
defences for possession of offensive weapon
lawful authority
reasonable excuse
NB. if innocent item - NOT these defences, just need prosecution to prove there is intent to cause injury
types of offensive weapons per se
truncheons
batons
knuckle dusters
knives
types of adapted offensive weapons
sharpened billiard cue
completely innocent items (possession of offensive weapon)
keys baseball bat hockey stick razor hammer
R v Ghosh
test for dishonesty framed in 2 Qs (theft)
- was what was done dishonest according to ordinary standards of reasonable and honest people?
- Must D have realised what he was doing was dishonest according to those standards?
if yes to both = dishonest
Robbery (indictable only)
- steals
- immediately before or at time of doing so
- uses force or threat of force in order to steal
- on any person
(Mens rea: dishonesty and intention to permanently deprive)
Burglary
TYPE ONE: 1. entered the building 2. as a trespasser 3. steals or attempts to steal (MR: know they are a trespasser or be reckless)
TYPE TWO:
- enters building
- with intent to steal anything/inflict GBH on anyone/do unlawful damage
possession with intent to supply
- controlled drug
- in his possession
- with intent to supply to another
