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#14725 - Offences Evidence - Criminal Litigation

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ABH s.47 OAPA 1861	Assault occasioning actual bodily harm	Actus Reus Assault or battery which causes Actual bodily harm	Either way offence Max: 5 years imprisonment
Affray	The fighting of two or more persons in a public place that disturbs others.	Actus Reus Using or threatening unlawful force towards another causing a person of reasonable firmness to fear for their personal safety	Either way 3 years imprisonment
Mens Rea Intension or recklessness
Possession of an Offensive Weapon 1 (4) Prevention of Crimes Act 1953.	Possession of a weapon in a public place with the intension to cause injury	Actus Reus Having an offensive weapon In a public place Without lawful authority or reasonable excuse Offensive weapons can be: An article made for inflicting injury (‘per se’) (e.g. knuckle dusters) An article adapted for causing injury (broken bottles or sharpened toothbrushes) Innocent articles (e.g. baseball bats)	Either way Max: 4 years imprisonment
Mens Rea Intension to cause injury. This changes innocent items (e.g. keys) into offensive weapons.
Theft s.1(1) Theft Act	Dishonestly appropriate property belonging to another with the intention to permanently deprive the other of it.	Actus Reus Appropriation Property Belonging to another	Either way offence Max: 7 years imprisonment
Mens Rea Dishonesty Intention to permanently deprive

Mens Rea

Intension or recklessness as the to assault or battery

Affray

The fighting of two or more persons in a public place that disturbs others.

Actus Reus

Using or threatening unlawful force towards another causing a person of reasonable firmness to fear for their personal safety

Either way

3 years imprisonment

Mens Rea

Intension or recklessness

Possession of an Offensive Weapon

1 (4) Prevention of Crimes Act 1953.

Possession of a weapon in a public place with the intension to cause injury

Actus Reus

Having an offensive weapon

In a public place

Without lawful authority or reasonable excuse

Offensive weapons can be:

An article made for inflicting injury (‘per se’) (e.g. knuckle dusters)

An article adapted for causing injury (broken bottles or sharpened toothbrushes)

Innocent articles (e.g. baseball bats)

Either way

Max: 4 years imprisonment

Mens Rea

Intension to cause injury.

This changes innocent items (e.g. keys) into offensive weapons.

Theft

s.1(1) Theft Act

Dishonestly appropriate property belonging to another with the intention to permanently deprive the other of it.

Actus Reus

Appropriation

Property

Belonging to another

Either way offence

Max: 7 years imprisonment

Mens Rea

Dishonesty

Intention to permanently deprive

Evidence	What makes it strong?	What makes it weak?
Weapons	Offensive weapon per se – e.g. knuckleduster Adapted to be a weapon	Innocent items Weapons found in a private residence (not public place) Lawful authority or reasonable excuse
Victim/Witness Statements	Identifying your client as the perpetrator Medical evidence	Uncooperative witnesses/victim Medical records not revealed by victim Do not clearly identify your client or confusion as to the persons involved Witness statements supporting client’s claim
Possible stolen items (e.g. credit cards)	Reported stolen Use of possible stolen item	No reports of stolen items No use of possible stolen item
Mobile phone video footage	Identifying your client as the perpetrator Clear images and sound	Fuzzy images which cannot be used to identify clients Poor quality sound
Blood evidence/injuries to client	Blood matching the victims Forensic analysis on injuries – self defence or not?	Defensive wounds Own blood

Weapons

Offensive weapon per se – e.g. knuckleduster

Adapted to be a weapon

Innocent items

Weapons found in a private residence (not public place)

Lawful authority or reasonable excuse

Victim/Witness Statements

Identifying your client as the perpetrator

Medical evidence

Uncooperative witnesses/victim

Medical records not revealed by victim

Do not clearly identify your client or confusion as to the persons involved

Witness statements supporting client’s claim

Possible stolen items (e.g. credit cards)

Reported stolen

Use of possible stolen item

No reports of stolen items

No use of possible stolen item

Mobile phone video footage

Identifying your client as the perpetrator

Clear images and sound

Fuzzy images which cannot be used to identify clients

Poor quality sound

Blood evidence/injuries to client

Blood matching the victims

Forensic analysis on injuries – self defence or not?

Defensive wounds

Own blood

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#14725 - Offences Evidence - Criminal Litigation

ABH

s.47 OAPA 1861

Assault occasioning actual bodily harm

Actus Reus

Assault or battery

which causes

Actual bodily harm

Either way offence

Max: 5 years imprisonment

Mens Rea

Intension or recklessness as the to assault or battery

Affray

The fighting of two or more persons in a public place that disturbs others.

Actus Reus

Using or threatening unlawful force towards another causing a person of reasonable firmness to fear for their personal safety

Either way

3 years imprisonment

Mens Rea

Intension or recklessness

Possession of an Offensive Weapon

1 (4) Prevention of Crimes Act 1953.

Possession of a weapon in a public place with the intension to cause injury

Actus Reus

Having an offensive weapon

In a public place

Without lawful authority or reasonable excuse

Offensive weapons can be:

An article made for inflicting injury (‘per se’) (e.g. knuckle dusters)

An article adapted for causing injury (broken bottles or sharpened toothbrushes)

Innocent articles (e.g. baseball bats)

Either way

Max: 4 years imprisonment

Mens Rea

Intension to cause injury.

This changes innocent items (e.g. keys) into offensive weapons.

Theft

s.1(1) Theft Act

Dishonestly appropriate property belonging to another with the intention to permanently deprive the other of it.

Actus Reus

Appropriation

Property

Belonging to another

Either way offence

Max: 7 years imprisonment

Mens Rea

Dishonesty

Intention to permanently deprive

Evidence

What makes it strong?

What makes it weak?

Weapons

Offensive weapon per se – e.g. knuckleduster

Adapted to be a weapon

Innocent items

Weapons found in a private residence (not public place)

Lawful authority or reasonable excuse

Victim/Witness Statements

Identifying your client as the perpetrator

Medical evidence

Uncooperative witnesses/victim

Medical records not revealed by victim

Do not clearly identify your client or confusion as to the persons involved

Witness statements supporting client’s claim

Possible stolen items (e.g. credit cards)

Reported stolen

Use of possible stolen item

No reports of stolen items

No use of possible stolen item

Mobile phone video footage

Identifying your client as the perpetrator

Clear images and sound

Fuzzy images which cannot be used to identify clients

Poor quality sound

Blood evidence/injuries to client

Blood matching the victims

Forensic analysis on injuries – self defence or not?

Defensive wounds

Own blood

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