Acing the SQE/Criminal Law

The core principles of criminal liability ("Criminal Law") relating to the specified criminal offences listed below:

Specified criminal offences

offences against the person

s. 47 Offences Against the Person Act 1861

Assault occasioning Actual Bodily Harm (ABH) A person intentionally or recklessly assaults another, thereby causing Actual Bodily Harm. It must be proved that the assault (which includes “battery”) “occasioned” or caused the bodily harm. Bodily harm has its ordinary meaning and includes any hurt calculated to interfere with the health or comfort of the victim: such hurt need not be permanent, but must be more than transient and trifling: (R v Donovan [1934] 2 KB 498).

s. 20 Offences Against the Person Act 1861

mens reas for GBH: D intended, or actually foresaw, that the act might cause some harm

theft offences

s. 1 Theft Act 1968 (Theft)

• Theft is dishonest Appropriation Of property belonging to another with the intention of permanently depriving the other of it.
• D need not assume all the rights of the owner (part of the rights is OK)
• intangible property such as copyrights is included but information is not
• intends only to borrow temporarily is not the intention to permanently depriving
• Defences: entitled to the property, owner's consent or without an owner

s. 8 Theft Act 1968 (Robbery)

• A person is guilty of 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.
• Fake weapon still causes apprehension of force

s. 9 Theft Act 1968 (Burglary)

There are two types of burglary:

• Definition:

(a) Burglary by Trespass with Intent: he enters any building or part of a building as a trespasser and with intent to commit any such offence as is mentioned in subsection (2) below; or (b) Burglary by Offence Following Trespassory Entry: 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.

• any part of their body is sufficient
• For burlgary (b), criminal damage is not included but attempted and completed theft and GBH are

s. 10 Theft Act 1968 (Aggravated Burglary)

• A commits burglary whilst armed with a weapon or explosive

1. A firearm or imitation firearm (including an airgun);
2. A weapon of offence (any article made or adapted to cause injury or intended by the defendant to be used as such); or
3. An explosive (any article manufactured to create an explosion or intended by the defendant to explode).

criminal damage

Criminal damage in English law Section 1(1) Criminal Damage Act 1971 - 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 or damaged, shall be guilty of an offence.

simple criminal damage

This falls under s.1(1) of the Criminal Damage Act and requires damage/destruction of property belonging to another (AR) and intention or reckless (MR)

aggravated criminal damage

This falls under s.1(2) of the Criminal Damage Act with intention to endanger life or being reckless whether life is endangered.

arson

This falls under s.1(3) of the Criminal Damage Act where damage/destruction caused by fire.

homicide

murder

Murder is committed where a person unlawfully causes the death of another person with an intention to kill or cause GBH

involuntary manslaughter

IM is unlawful killing is done without an intention to kill or to cause grievous bodily harm. There are two types of involuntary manslaughter, that caused by the defendant's gross negligence and that caused by his unlawful or dangerous act.

fraud

Fraud_Act_2006

Fraud by false representation

section 2

Fraud by abuse of position

section 3

Fraud by failing to disclose

section 4

Definition of the offence

actus reus

The external element of the offence

mens rea

The fault, or mental element ("guilty mind")

Inchoate offences

Attempt to commit an offence

Section 1(1) of the Criminal Attempts Act creates the offence of attempt:

(1) If, with intent to commit an offence to which this section applies, a person does an act which is more than merely preparatory to the commission of the offence, he is guilty of attempting to commit the offence.

Criminal_Attempts_Act_1981