Criminal Law - High Distinction

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CRIMINAL LITIGATION
 Adversarial system – burden of proof (beyond reasonable doubt) always on prosecution
 All cases commence in Magistrates Court
o In order to decide appropriate court – D invited to indicate ‘plea before venue hearing’ (s17A
Magistrates Courts Act 1980)
o If D enters ‘Guilty’ plea:
 Magistrates carry out sentencing unless nature of offence / history of D exceeding
magistrates powers
 Can be referred to Crown Court under s3 Powers of Criminal Courts (Sentencing) Act
2000
o If D enters ‘Not Guilty’ plea:
 Magistrates will hear representations from both parties to determine appropriate Court
(s19 MCA 1980)
 Allocation Guidelines – tried summarily unless sentence would clearly be in excess of
magistrates’ powers or where case is unusually complex
 Magistrates sentencing powers (s78 PCC(S)A / s133 MCA 1980):
o 1 or more summary only offence = Maximum 6 months’ imprisonment
o 1 either way offence = Maximum 6 months’ imprisonment
o 2 or more either way offences = Maximum 12 months’ imprisonment
 Types of offences:
o Summary only – Magistrates Court only
o Triable either way – Magistrates Court OR Crown Court
o Indictable only – Crown Court only

CrPR = Criminal Procedure Rules 2015

 Rule 1 – Overriding Objective to deal with cases justly
 Rule 1.1(2) – Court considers interests of all parties

,
, THEFT

 Theft
o Prosecution must prove beyond reasonable doubt, that the D:
 Dishonestly;
 Appropriated
 Property
 Belonging to another
 With intention permanently to deprive the victim of the property
 s1 Theft Act 1968
o Dishonesty (R v Ghosh)
 Was it dishonest by ordinary standards of reasonable / honest persons?
 Must D realised that what they were doing was dishonest by those standards?
o Appropriation
o Intention to permanently deprive
 Triable E/W:
o Indictment = maximum 7 years imprisonment and/or fine
o Summarily = 6 months imprisonment and/or fine

BURGLARY

ROBBERY

 s8 TA1968 – Theft and accused must either:
a) use force on any person either immediately before or at the time of the theft;
b) put, or seek to put, any person in fear of being, then and there, subjected to force in order to steal
(does not include accidental force)
 Indictable only = maximum life imprisonment

GOING EQUIPED FOR THEFT

 s25 TA 1968
 Triable E/W
o Indictment = 3 years imprisonment
o Summarily = 6 months imprisonment and/or fine

OFFENCES AGAINST THE PERSONS

 Common Assault – s39 Criminal Justice Act 1988
o Actus Reus for battery requires unlawful application of force (no injury needed)
o Mens Rea for assault / battery:
 Intention to cause apprehension of immediate unlawful violence
 Subjective recklessness as to that consequence (‘Cunningham’ recklessness)
o Summary only = maximum 6 months imprisonment
 Assault occasioning ABH – s47 OAPA
o ABH must be consequence directly / indirectly of D’s actions
o ABH includes psychiatric shock – mens rea same as assault / battery but if harm is caused then
prosecution need not prove foresight of injury / harm
o Triable E/W:
 Indictment = maximum 5 years imprisonment
 Summarily = maximum 6 months imprisonment and / or fine