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Offences Evidence Notes

LPC Law Notes > Criminal Litigation Notes

This is an extract of our Offences Evidence document, which we sell as part of our Criminal Litigation Notes collection written by the top tier of Cambridge And Oxilp And College Of Law students.

The following is a more accessble plain text extract of the PDF sample above, taken from our Criminal Litigation Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

Offences & Evidence Key Offences ABH s.47 OAPA 1861

Assault occasionin g actual bodily harm

Actus Reus Assault or battery which causes Actual bodily harm Mens Rea Intension or recklessness as the to assault or battery

Affray

Possessio n of an Offensive Weapon 1 (4) Preventio n of Crimes Act 1953.

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

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 offence Max: 5 years imprisonme nt

Either way 3 years imprisonme nt

Mens Rea Intension or recklessness

Either way Max: 4 years imprisonme nt

Mens Rea Intension to cause injury. This changes innocent items (e.g. keys) into offensive weapons. Theft s.1(1) Theft Act

Dishonestl y appropriat e property belonging to another with the intention to permanent ly deprive the other of it.

Giving Advice

Actus Reus Appropriation Property Belonging to another Mens Rea Dishonesty Intention to permanently deprive

Either way offence Max: 7 years imprisonme nt

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