Criminal (from PGDL) Questions & Answers 2024/2025

Criminal (from PGDL) Questions & Answers 2024/2025 What is actus reus of assault? - ANSWER-Apprehension of immediate unlawful personal violence What is mens rea of assault? - ANSWER-Intention or recklessness as to causing a person to apprehend immediate unlawful personal violence Does D need to have the means to carry out the violence that is threatened for assault? - ANSWER-No What does 'immediate' mean for assault? - ANSWER-Some time not excluding the immediate future. Imminent. What is actus reus of battery? - ANSWER-Application of unlawful force What is mens rea of battery? - ANSWER-Intention or recklessness as to application of unlawful force Can force be applied indirectly or by omission for battery? - ANSWER-Yes both What is actus reus s47 OAPA? - ANSWER-Assault occasioning actual bodily harm What is mens rea s47 OAPA? - ANSWER-Intention or reckless as to the mens rea of assault or battery What is 'actual bodily harm'? - ANSWER-Any hurt or injury - more than transient and trifling but need not be serious or permanent Is a momentary loss of consciousness ABH? - ANSWER-Yes What is actus reus s20 OAPA? - ANSWER-Wound or inflict GBH What is mens rea s20 OAPA? - ANSWER-Intention of reckless as to causing some harm What is a 'wound'? - ANSWER-Break in continuity of both layers of skin What is GBH? - ANSWER-Really serious harm - or serious harm. Look at totality of injuries, consider victim's age & health. What is actus reus s18 OAPA? - ANSWER-Wound or cause GBH What is mens rea s18 OAPA? - ANSWER-Intention to cause GBH What is actus reus of s1 Theft Act? - ANSWER-Appropriation of property belonging to another What is mens rea s1 Theft Act? - ANSWER-Dishonestly, with the intention to permanently deprive What is 'appropriation'? - ANSWER-Any assumption by a person of the rights of an owner Can appropriation happen with the owner's consent? - ANSWER-Yes Can land be stolen? - ANSWER-Generally no, except if D sells more than is authorized to, is a trespasser and removes things, is a tenant and removes or sells things Can things growing wild be stolen? - ANSWER-Only if purpose is reward/sale/commercial purpose Can animals be stolen? - ANSWER-Untamed animals/animals ordinarily kept in captivity can't be stolen, can steal animals that are tamed/kept in captivity Can you steal illegal items? - ANSWER-Yes Can you steal electricity? - ANSWER-No Can you steal confidential information? - ANSWER-No What does 'belonging to another' mean? - ANSWER-Those having possession or control over it Can you steal your own property? - ANSWER-Yes if at the time it belongs to another When can property given to another for a particular purpose be stolen? - ANSWER-Where accused is under a legal obligation to use the property for the purpose given. Legal obligations can be imposed in domestic settings. Does property obtained by another's mistake belong to another? - ANSWER-Yes - where aware acquired property by mistake then under a legal obligation to restore it 3 situations where appropriation is not dishonest? - ANSWER-If D believes: has a right in law to deprive the other of the property, D would have the other person's consent if the other person knew, the person to whom the property belongs cannot be discovered by taking reasonable steps What is test for dishonesty? - ANSWER-What was D's knowledge & belief as to the facts? Given that knowledge & those beliefs, was D dishonest by the standards of ordinary decent people? When must dishonest intent be formed for theft? - ANSWER-At the time when the goods belonged to another What is intention to permanently deprive? - ANSWER-To 'treat the thing as his own to dispose of regardless of the other's rights' What is actus reus of s8 Theft Act? (robbery) - ANSWER-Actus reus of theft + Force or threat of force in order to steal, on any person, use or threat of force immediately before or at the time of stealing What is mens rea of s8 Theft Act? (robbery) - ANSWER-Mens rea of theft + Intention to use force in order to steal Which ways can force element of s8 Theft Act be satisfied? (robbery) - ANSWER-Uses force, puts person in fear of being then & there subjected to force, seeks to put person in fear of being then & there subjected to force What is actus reus s9(1)(a) Theft Act? (burglary) - ANSWER-D enters, building or part of a building, as a trespasser What is mens rea of s9(1)(a) Theft Act? (burglary) - ANSWER-Knowing or being reckless as to entry as a trespasser, at the time of entry D intended to do any of the ulterior offences (steal, inflict GBH, unlawfully damage property) What is actus reus of s9(1)(b) Theft Act? (burglary) - ANSWER-Having entered, building or part of a building, as a trespasser What is mens rea of s9(1)(b) Theft Act? (burglary) - ANSWER-Knowing or being reckless as to entry as trespasser, D did one of the following (steal, attempt to steal, inflict GBH, attempt to inflict GBH) What is actus reus s10 Theft Act? (aggravated burglary) - ANSWER-Commit any burglary; and at the time have a firearm/imitation firearm/any weapon of offence/any explosive What is actus reus of simple criminal damage? - ANSWER-Destroy or damage, property, belonging to another What is mens rea of simple criminal damage? - ANSWER-Intention/recklessness as to destruction/damage of property belonging to another, without lawful excuse What is test for recklessness? - ANSWER-At the time of committing the actus reus, the ...