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What does S8 of the Criminal Justice Act 1967 say about intent?
A court or jury, in deciding whether a person has committed an offence:
a) Shall not be bound to infer that the person intended or foresaw his actions by reason of it being a natural or probable consequence
b) Shall decide whether he did intend or forsee the act, with reference to all the evidence, drawing inferences as appear proper.
Define Subjective (Cunningham) Recklessness
Where in all circumstances it is unreasonable to take the risk, the defendant foresees that risk and takes it anyway.
Give an example of transferred malice.
A throws a rock at B intending to injure. He misses B but hits C, causing injury.
What is meant by Actus Reus and Mens Rea?
- Actus Reus - Physical act of crime.
- Mens Rea - Guilty state of mind (intent).
Distinguish between Principle and Accessory.
Principal - Meets all the requirements of the offence.
Accessory - Aids, abets, counsels or procures the commission of the offence. They are just as guilty.
When can Omission amount to an offence?
Where there is a duty of care - for example if a police officer failed to intervene in an assault.
Outline the offence of encouraging or assisting crime.
INTENTIONALLY doing an act capable of assisting or encouraging the commision of an offence.
Intention is not made out, just because it is a forseeable consequence of the offence.
Outline the offence of encouraging or assisting crime whilst believing it will be committed.
Does an act capable of encouraging or assisting crime, BELIEVING that the crime will be committed.
Outline the offence of encouraging or assising crime, believing that one or more of the offences will be committed.
Does an act capable of encouraging or assisting crime, BELIEVING that one or more of the offences will be committed.
Replaces incitement. As with incitement, it does not matter whether the offence is actually committed or not.
Defence - would have to show that in the circumstances that he was aware of or that he reasonably believed existed, his actions were reasonable.
Define Statutory Conspiracy.
An agreement between two or more persons to pursue a course of conduct which, if carried out, would involve committing an offence, or would do but it ends up being impossible.
Cannot be spouse/civil partner/under 10yrs old/intended victim. A husband and wife can be convicted if they are conspiring with a third party.
Triable only on indictment. If subtantive offence is Summary Only then the authority of the DPP must be sought.
Define Conspiracy to Defraud at Common Law.
Agreement between two or more to deprive someone of what is his/what he is entitled to or harm his proprietory rights.
Define a Criminal Attempt.
Intentionally does an act that is more than merely preparatory to the commision of the offence.
S.1(1) Criminal Attempts Act 1981.
Can be charged, even when the offence was impossible, i.e. an empty purse.
Define Vehicle Interference.
Interferes with a motor vehicle/trailer or anything in/on, with the intent that he, or another, steals any part of it in/on, or takes it unauthorised.
S.9 Criminal Attempts Act 1981