Criminal Litigation Revision Doc
Elements of offences
Offences of Dishonesty
Theft
- S.1 Theft Act
- Elements
o Dishonestly
o Appropriate
o Property
o Belonging to another
o With intent to permanently deprive
- Dishonesty – Ivey v Genting Casinos
o Actual state of D’s knowledge/belief re facts
o Then consider whether act dishonest by standard of ordinary people
- Triable Either Way – max. 7 years
Robbery
- S.8 Theft Act
- Elements
o Theft +
o Use of force on person immediately before/at time of offence OR
o Putting/seeking to put person in fear of being subjected to force then and
there
- Triable – indictment only – max. sentence life
Going Equipped for Theft
- S.25 Theft Act
- Elements
o Not in own abode
o Having with them article for use in course of/in connection with burglary or
theft
Must have with for that purpose
- Triable either way – max. 3 years
Offences v Person
Common assault/battery
- S.39 CJA 1988
- Elements
1
, o Unlawful application of force (battery only)
o Intention to cause apprehension of immediate/unlawful violence or
o Subjective recklessness that this would be caused
- Triable – summary only
Assault Occasioning ABH
- S.47 OAPA
- Elements
o ABH is just harm
o Must be consequence of D’s actions – direct/indirect (psychiatric shock
counts)
o MR = same as common assault
o No need to foresee injury
- Triable either way – max 5 years
Wounding/inflicting GBH
- S.20 OAPA
- Elements
o Wounding – breaking whole skin/continuity of skin
o Unlawful application of force
o GBH – ‘serious harm’
o Can be indirect
o Maliciously – needs intention/subjective recklessness as to some harm, not
the full extent
- Triable – either way – max. 5 years
Wounding/causing GBH with intent
- S.18 OAPA
- Elements
o Same as s.20 except:
o Intention to bring about serious harm/resist arrest
- Triable – indictment only – max. life
Defences
- Self-defence
o May use reasonable force for
o Common law/s76 Criminal Justice and Immigration Act 2008:
Self-defence
Defence of another, or property
o Criminal Law Act 1967 s3:
Prevention of crime
2
, o Lawful arrest
Public Order Offences
Affray
- S.3 Public Order Act
- Elements
o Use/threat of unlawful violence towards another
o More than mere words
o Conduct would cause person of reasonable firmness at scene to fear for
personal safety (need not actually cause this)
- Triable – either way – max. 3 years
- Defence
o Self defence – common law/s.3 CLA 1967
Fear/provocation of violence
- S.4 POA
- Elements
o Use of threatening/abusive words/behaviour
o Intending to cause person to believe immediate violence will be used v them
OR
o to provoke use of immediate violence
o ‘threatening’ decided by judge
o Require s.6(3) state of mind – intent that the words are threatening, or
awareness that they are
- Triable – summary only
Misuse of Drugs
Possession of controlled drugs
- S.5(2) Misuse of Drugs Act
- Elements
o Possession
o Common law – physical control, and knowledge of presence
o Class A, B or C
- Class A – heroin, morphine, opiates, cocaine, ecstasy etc.
- B – ket, codeine, cannabis
- C – prescription drugs, Valium etc.
- Triable either way
o Class A – max. 7 years
o Class B – max. 5 years, 3 months summary
o Class C – max. 2 years, 3 months summary
3
, - Defences
o S.5(4) MDA – defence for possession
Taking possession to prevent another from committing offence with
that drug
o S.28 MDA
Lack of knowledge by D of something prosecution alleges, of drug, or
conditional belief about drug
Supplying controlled drug
- S.4(3) MDA
- Elements
o Supply or offer to supply
o Commercial or social
o Actual supply or offer must be shown
o Participation of accused must be shown
o Knowledge of accused that enterprise involved supply/offer
- Triable – either way
o Class A – max. life
o Class B – max. 14 years
o Class C – max. 14 years (CJA 2003), 3 months summary
Possession with intent to supply
- S.5(3) MDA
- Elements
o Lawfulness of possession is irrelevant
o Lawfulness of the supply is the key
o Accused has drug in possession
o Accused intended to supply it
- Triable – either way
o Class A – max. life
o Class B – max. 14 years
o Class C – max. 14 years (CJA 2003), 3 months summary
Offensive Weapons
Possession of offensive weapon
- S.1 Prevention of Crime Act 1953
- Elements
o Without lawful authority/reasonable excuse
o Has with him
o In public place
Includes places people have to pay to go to
o Offensive weapon
4
Elements of offences
Offences of Dishonesty
Theft
- S.1 Theft Act
- Elements
o Dishonestly
o Appropriate
o Property
o Belonging to another
o With intent to permanently deprive
- Dishonesty – Ivey v Genting Casinos
o Actual state of D’s knowledge/belief re facts
o Then consider whether act dishonest by standard of ordinary people
- Triable Either Way – max. 7 years
Robbery
- S.8 Theft Act
- Elements
o Theft +
o Use of force on person immediately before/at time of offence OR
o Putting/seeking to put person in fear of being subjected to force then and
there
- Triable – indictment only – max. sentence life
Going Equipped for Theft
- S.25 Theft Act
- Elements
o Not in own abode
o Having with them article for use in course of/in connection with burglary or
theft
Must have with for that purpose
- Triable either way – max. 3 years
Offences v Person
Common assault/battery
- S.39 CJA 1988
- Elements
1
, o Unlawful application of force (battery only)
o Intention to cause apprehension of immediate/unlawful violence or
o Subjective recklessness that this would be caused
- Triable – summary only
Assault Occasioning ABH
- S.47 OAPA
- Elements
o ABH is just harm
o Must be consequence of D’s actions – direct/indirect (psychiatric shock
counts)
o MR = same as common assault
o No need to foresee injury
- Triable either way – max 5 years
Wounding/inflicting GBH
- S.20 OAPA
- Elements
o Wounding – breaking whole skin/continuity of skin
o Unlawful application of force
o GBH – ‘serious harm’
o Can be indirect
o Maliciously – needs intention/subjective recklessness as to some harm, not
the full extent
- Triable – either way – max. 5 years
Wounding/causing GBH with intent
- S.18 OAPA
- Elements
o Same as s.20 except:
o Intention to bring about serious harm/resist arrest
- Triable – indictment only – max. life
Defences
- Self-defence
o May use reasonable force for
o Common law/s76 Criminal Justice and Immigration Act 2008:
Self-defence
Defence of another, or property
o Criminal Law Act 1967 s3:
Prevention of crime
2
, o Lawful arrest
Public Order Offences
Affray
- S.3 Public Order Act
- Elements
o Use/threat of unlawful violence towards another
o More than mere words
o Conduct would cause person of reasonable firmness at scene to fear for
personal safety (need not actually cause this)
- Triable – either way – max. 3 years
- Defence
o Self defence – common law/s.3 CLA 1967
Fear/provocation of violence
- S.4 POA
- Elements
o Use of threatening/abusive words/behaviour
o Intending to cause person to believe immediate violence will be used v them
OR
o to provoke use of immediate violence
o ‘threatening’ decided by judge
o Require s.6(3) state of mind – intent that the words are threatening, or
awareness that they are
- Triable – summary only
Misuse of Drugs
Possession of controlled drugs
- S.5(2) Misuse of Drugs Act
- Elements
o Possession
o Common law – physical control, and knowledge of presence
o Class A, B or C
- Class A – heroin, morphine, opiates, cocaine, ecstasy etc.
- B – ket, codeine, cannabis
- C – prescription drugs, Valium etc.
- Triable either way
o Class A – max. 7 years
o Class B – max. 5 years, 3 months summary
o Class C – max. 2 years, 3 months summary
3
, - Defences
o S.5(4) MDA – defence for possession
Taking possession to prevent another from committing offence with
that drug
o S.28 MDA
Lack of knowledge by D of something prosecution alleges, of drug, or
conditional belief about drug
Supplying controlled drug
- S.4(3) MDA
- Elements
o Supply or offer to supply
o Commercial or social
o Actual supply or offer must be shown
o Participation of accused must be shown
o Knowledge of accused that enterprise involved supply/offer
- Triable – either way
o Class A – max. life
o Class B – max. 14 years
o Class C – max. 14 years (CJA 2003), 3 months summary
Possession with intent to supply
- S.5(3) MDA
- Elements
o Lawfulness of possession is irrelevant
o Lawfulness of the supply is the key
o Accused has drug in possession
o Accused intended to supply it
- Triable – either way
o Class A – max. life
o Class B – max. 14 years
o Class C – max. 14 years (CJA 2003), 3 months summary
Offensive Weapons
Possession of offensive weapon
- S.1 Prevention of Crime Act 1953
- Elements
o Without lawful authority/reasonable excuse
o Has with him
o In public place
Includes places people have to pay to go to
o Offensive weapon
4
