Hafsah Nawaz
Criminal Litigation Offences
Elements Triable Defence
Theft D dishonestly + Either way Lack of intent
S1 Theft Act Appropriated +
Property + ‘I wasn’t there’
Belonging to another +
With intention to permanently deprive
Burglary Enter a building + Indictable ‘I wasn’t there’
S8 Theft Act As a trespasser + only
Steals or attempt to steal, or
Inflicts or attempts to inflict GBH
Robbery Theft + Indictable ‘I wasn’t there’
S9 Theft Act Use of force immediately before or at the time of the only
theft, or
Put or seek to put any person in fear of being, then
and there, subjected to force in order to steal
ABH Assault or battery + Either way Self-defence
S47 OAPA Intention/recklessness + which causes actual bodily
harm ‘I wasn’t there’
Don’t plead that the injuries aren’t sufficient
enough- admits a lesser offence
GBH Unlawful application of harm + Either way Self-defence
S20 OAPA Intent/recklessness as to causing some bodily harm
Don’t plead that the injuries aren’t sufficient
enough- admits a lesser offence
GBH with intent Unlawful application of harm + Indictable Self-defence
S18 OAPA Intent to cause serious harm only
Don’t plead that the injuries aren’t sufficient
enough- admits a lesser offence
Common Unlawful application of force + Summary Self-defence
assault/battery Intention to cause apprehension of immediate only
S39 CJA unlawful violence, or
Subjective recklessness as to that consequence
Supplying a Actual supply of, or making offer to supply + Either way No defence?
controlled drug Participation of the accused +
S4 MDA Knowledge by the accused that the enterprise
involved the supply
Possession of Possession of + Either way Preventing someone else from committing,
controlled Controlled drug + in the future, or continuing to commit an
drugs Whether lawfully or not offence in connection with that drug
S5 MDA
Possession taken for the purpose of
delivering it into custody
Didn’t know the drug was a controlled drug
Affray D has used or threatened unlawful violence; or Either way Self-defence
S3 POA 2 or more persons together have used or threatened
unlawful violence + ‘I wasn’t there’
Towards another +
D intends to use or threaten violence or is aware that
his conduct may be violent or may threaten violence +
The conduct is such to cause a person of reasonable
firmness (hypothetical bystander) present at the scene
to fear his personal safety
Fear or D uses threatening, abusive or insulting words or Summary It is a defence if both you and the
provocation of behaviour + only complainant are inside the same dwelling
violence With intent to cause that person to believe that
S4 POA immediate unlawful violence will be used against him,
or
To prove the immediate use of unlawful violence
Possession of D had an offensive weapon (per se, adapted as Either way Lawful authority
offensive weapon, carried with intent) +
weapon Knowingly in his possession + Reasonable excuse
Criminal Litigation Offences
Elements Triable Defence
Theft D dishonestly + Either way Lack of intent
S1 Theft Act Appropriated +
Property + ‘I wasn’t there’
Belonging to another +
With intention to permanently deprive
Burglary Enter a building + Indictable ‘I wasn’t there’
S8 Theft Act As a trespasser + only
Steals or attempt to steal, or
Inflicts or attempts to inflict GBH
Robbery Theft + Indictable ‘I wasn’t there’
S9 Theft Act Use of force immediately before or at the time of the only
theft, or
Put or seek to put any person in fear of being, then
and there, subjected to force in order to steal
ABH Assault or battery + Either way Self-defence
S47 OAPA Intention/recklessness + which causes actual bodily
harm ‘I wasn’t there’
Don’t plead that the injuries aren’t sufficient
enough- admits a lesser offence
GBH Unlawful application of harm + Either way Self-defence
S20 OAPA Intent/recklessness as to causing some bodily harm
Don’t plead that the injuries aren’t sufficient
enough- admits a lesser offence
GBH with intent Unlawful application of harm + Indictable Self-defence
S18 OAPA Intent to cause serious harm only
Don’t plead that the injuries aren’t sufficient
enough- admits a lesser offence
Common Unlawful application of force + Summary Self-defence
assault/battery Intention to cause apprehension of immediate only
S39 CJA unlawful violence, or
Subjective recklessness as to that consequence
Supplying a Actual supply of, or making offer to supply + Either way No defence?
controlled drug Participation of the accused +
S4 MDA Knowledge by the accused that the enterprise
involved the supply
Possession of Possession of + Either way Preventing someone else from committing,
controlled Controlled drug + in the future, or continuing to commit an
drugs Whether lawfully or not offence in connection with that drug
S5 MDA
Possession taken for the purpose of
delivering it into custody
Didn’t know the drug was a controlled drug
Affray D has used or threatened unlawful violence; or Either way Self-defence
S3 POA 2 or more persons together have used or threatened
unlawful violence + ‘I wasn’t there’
Towards another +
D intends to use or threaten violence or is aware that
his conduct may be violent or may threaten violence +
The conduct is such to cause a person of reasonable
firmness (hypothetical bystander) present at the scene
to fear his personal safety
Fear or D uses threatening, abusive or insulting words or Summary It is a defence if both you and the
provocation of behaviour + only complainant are inside the same dwelling
violence With intent to cause that person to believe that
S4 POA immediate unlawful violence will be used against him,
or
To prove the immediate use of unlawful violence
Possession of D had an offensive weapon (per se, adapted as Either way Lawful authority
offensive weapon, carried with intent) +
weapon Knowingly in his possession + Reasonable excuse
