User Tools

Site Tools


summary_-_elements_of_common_offences

ELEMENTS OF COMMON OFFENCES



Theft

dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it.

Robbery

if he steals, 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

Burglary

(a)he enters any building or part of a building as a trespasser and with intent to commit stealing anything in the building or part of a building in question, of inflicting on any person therein any grievous bodily harm ; or 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 any grievous bodily harm. Aggravated burglary- if he commits any burglary and at the time has with him any firearm or imitation firearm, any weapon of offence, or any explosive

TWOC

Taking motor vehicle or other conveyance without authority- without having the consent of the owner or other lawful authority, he takes any conveyance for his own or another’s use or, knowing that any conveyance has been taken without such authority, drives it or allows himself to be carried in or on it.

Blackmail

if with a view to gain for himself or another or with intent to cause loss to another, he makes any unwarranted demand with menaces; and for this purpose a demand with menaces is unwarranted unless the person making it does so in the belief—(a) that he has reasonable grounds for making the demand; and(b) that the use of the menaces is a proper means of reinforcing the demand.

Handling stolen goods

(1)A person handles stolen goods if (otherwise than in the course of the stealing) knowing or believing them to be stolen goods he dishonestly receives the goods, undertakes or assists in their retention, removal, disposal or realisation by or for the benefit of another person, or if he arranges to do so.

Going equipped for stealing

when not at his place of abode, he has with him any article for use in the course of or in connection with any Theft or Burglary.

Criminal Damage

A person who without lawful excuse destroys or damages any property belonging to another intending to destroy or damage any such property or being reckless as to whether any such property would be destroyed. Aggravated Criminal damage 1971 Act Section 1 (2) A person who intentionally or recklessly destroys or damage property intending to endanger life thereby or being reckless as to whether life is endangered thereby. Lawful Excuse Under section 5 (2) of the Act a defence of lawful excuse is available if: (A) the defendant honestly thought he had the consent of the relevant person, or would have if that person had known the circumstances or (B) he acted as he did in order to protect property he thought in immediate need of protection, and he believed the means used were reasonable.

Assault

any act by which someone, intentionally or recklessly, causes another person to apprehend immediate and personal violence. Actus reus by words/actions either Direct or indirect. Mens reas- Intention/ Recklessness Battery- Any intentional or reckless touching of another person without the consent of that person and without lawful excuse. Actus Reus- By application of force Direct or indirect. Mens rea- Intention/ Recklessness.

Common assault

no actual physical contact needs to occur There just needs to be proof that the defendant caused the victim to fear that immediate physical violence would be used against them. This could be in the form of a verbal threat combined with a raised fist or something along a similar vein Actual Bodily Harm (ABH)- involves assault or battery causing actual physical harm to the victim. The harm does not have to be serious, but must involve more than a shove to sustain a charge of ABH. Harm such as bruises, scratches and bite marks is sufficient.

Grievous Bodily Harm

(GBH) There must be “really serious harm” caused to the victim as a result of the assault or battery; for example, stabbing the victim. Section 20 GBH- Actus Reus includes unlawful wounding and serious bodily harm. Mens Rea is is the intention to cause some harm or recklessness to the victim, regardless of whether harm was actually caused. The defendant needn’t foresee serious injury, he must merely acknowledge the risk of some injury from his actions. Section 18 GBH is the most serious form of assault and is also known as “wounding with intent”. It differs from section 20 in the sense that there must be proof the defendant intended to cause serious harm to the victim. Must be proof that the defendant had full intention to cause serious bodily harm.

Threats to kill

A person who without lawful excuse makes to another a threat, intending that that other would fear it would be carried out, to kill that other or a third person Malicious Communications Act 1988 -Offence of sending letters etc. with intent to cause distress or anxiety- Section 1 -(1)Any person who sends to another person— (a)a letter, electronic communication or article of any description] which conveys— (i)a message which is indecent or grossly offensive; (ii)a threat; or (iii)information which is false and known or believed to be false by the sender; or (b)any [article or electronic communication] which is, in whole or part, of an indecent or grossly offensive nature, is guilty of an offence if his purpose, or one of his purposes, in sending it is that it should, so far as falling within paragraph (a) or (b) above, cause distress or anxiety to the recipient or to any other person to whom he intends that it or its contents or nature should be communicated. Defence- (a)that the threat was used to reinforce a demand [made by him on reasonable grounds]; and (b)that he believed , and had reasonable grounds for believing,] that the use of the threat was a proper means of reinforcing the demand.

Possessing an offensive weapon

1. has with him (possession); 2.in any public place;3.any offensive weapon. Defence- lawful authority; or reasonable excuse. Article with blade or point in public place- in a public place any article which has a blade or is sharply pointed. A folding pocketknife if the cutting edge of its blade exceeds 3 inches. Defence - good reason or lawful authority for having the article with him in a public place, for use at work; for religious reasons; or as part of any national costume.

Violent disorder

s2 Public order Act- Where 3 or more persons who are present together use or threaten unlawful violence and the conduct of them (taken together) is such as would cause a person of reasonable firmness present at the scene to fear for his personal safety, each of the persons using or threatening unlawful violence is guilty of violent disorder.

Affray

s3-Public order Act- A person is guilty of affray if he uses or threatens unlawful violence towards another which would cause a person of reasonable firmness present at the scene to fear for his personal safety. Where 2 or more persons use or threaten the Fear or provocation of violence-S.4- Public Order Act- uses towards another person threatening, abusive or insulting words or behaviour, or distributes or displays to another person any writing, sign or other visible representation which is threatening, abusive or insulting, with intent to cause that person to believe that immediate unlawful violence will be used against him or another by any person, or to provoke the immediate use of unlawful violence by that person or another, or whereby that person is likely to believe that such violence will be used or it is likely that such violence will be provoked. May be committed in a public or a private place, except that no offence is committed where the words or behaviour are used, or the writing, sign or other visible representation is distributed or displayed, by a person inside a dwelling and the other person is also inside that or another dwelling.

s4A

Intentional harassment, alarm or distress- S.4A Public Order Act-with intent to cause a person harassment, alarm or distress, he— uses threatening, abusive or insulting words or behaviour, or disorderly behaviour, or displays any writing, sign or other visible representation which is threatening, abusive or insulting, thereby causing that or another person harassment, alarm or distress. May be committed in a public or a private place, except that no offence is committed where the words or behaviour are used, or the writing, sign or other visible representation is displayed, by a person inside a dwelling and the person who is harassed, alarmed or distressed is also inside that or another dwelling. Defence- that he was inside a dwelling and had no reason to believe that the words or behaviour used, or the writing, sign or other visible representation displayed, would be heard or seen by a person outside that or any other dwelling, or that his conduct was reasonable.

s5 POA 1986

Harassment, alarm or distress S.5 Public order act-uses threatening or abusive words or behaviour, or disorderly behaviour, o displays any writing, sign or other visible representation which is threatening or abusive, within the hearing or sight of a person likely to be caused harassment, alarm or distress thereby. May be committed in a public or a private place, except that no offence is committed where the words or behaviour are used, or the writing, sign or other visible representation is displayed, by a person inside a dwelling and the other person is also inside that or another dwelling. Defence- that he had no reason to believe that there was any person within hearing or sight who was likely to be caused harassment, alarm or distress, or that he was inside a dwelling and had no reason to believe that the words or behaviour used, or the writing, sign or other visible representation displayed, would be heard or seen by a person outside that or any other dwelling, or that his conduct was reasonable.

Drug

defence for him to prove that, knowing or suspecting it to be a controlled drug, he took possession of it for the purpose of preventing another from committing or continuing to commit an offence in connection with that drug and that as soon as possible after taking possession of it he took all such steps as were reasonably open to him to destroy the drug or to deliver it into the custody of a person lawfully entitled to take custody of it; or that, knowing or suspecting it to be a controlled drug, he took possession of it for the purpose of delivering it into the custody of a person lawfully entitled to take custody of it and that as soon as possible after taking possession of it he took all such steps as were reasonably open to him to deliver it into the custody of such a person.

Rape

Sexual Offences Act 2003- S.1-he intentionally penetrates the vagina, anus or mouth of another person (B) with his penis, B does not consent to the penetration, and A does not reasonably believe that B consents.

Sexual Assault

Sexual Offences act 2003-S.3- he intentionally touches another person (B), the touching is sexual, B does not consent to the touching, and A does not reasonably believe that B consents. Driving, or being in charge, when under influence of drink or drugs- Road Traffic Act 1988 -Section 4 -A person who, when driving or attempting to drive a mechanically propelled vehicle on a road or other public place, is unfit to drive through drink or drugs is guilty of an offence. Limits: 35 UG (Micrograms) per 100 ML of breath 80 MG of alcohol per 100ML of blood 107MG per 100ML of urine.

summary_-_elements_of_common_offences.txt · Last modified: 2017/05/12 20:07 by frescom