Topic Tag: aggravated burglary

Legislation covered

• Police and Criminal Evidence Act 1984

Topics covered

• Relevant time

Knowledge test

Try this quick flash card knowledge check on relevant time to see how much you know before you move on.

Relevant time lesson video

Summary

You can right click on the image to save it. It is also available as a PDF to download.

What next…?

Before completing the 20 questions below and rather than review the topics above any further at this point, move on to study another topic. This will give you time to find out how much you have actually remembered, and which areas have been forgotten.

20 questions

Now you have returned to relevant time after studying other topics, take the quiz to see how much information you have retained.

Legislation covered

• Eduction Act 1996
• Children Act 2004
• Offences Against the Person Act 1861
• Children and Young Persons Act 1933
• Assaults on Emergency Workers (Offences) Act 2018
• Immigration and Asylum Act 1999
• Armed Forces Act 2006
• Criminal Justice and Public Order Act 1994
• Criminal Justice Act 1991
• National Health Service Act 2006
• Police Act 1996

Topics covered

• Assault
• Battery
• Child punishment
• Assaults on emergency workers
• Assault occasioning actual bodily harm
• Wounding or inflicting grievous bodily harm
• Wounding or inflicting grievous bodily harm with intent
• Threats to kill
• Assault with intent to resist arrest
• Assault on police
• Obstructing a police officer

Knowledge test

Start by writing out the definitions of the following:

• Assault
• Battery
• GBH
• Wound

And then write down the legislation for the following offences:

• Assault on an emergency worker
• Threats to kill
• Obstruction of a police officer

It is written below the video so once you’ve watched the video you can check and see how much you knew correctly.

Offences against the person lesson video

Knowledge check

Return to the definitions and legislation you wrote out at the beginning of the lesson and see if you were correct.

Assault: An assault is any act which intentionally or recklessly causes another to apprehend immediate unlawful violence.

Battery: A battery is committed when a person intentionally or recklessly inflicts unlawful force on another.

GBH: Includes but is not limited to –

• injury resulting in permanent disability or permanent loss of sensory function;
• injury which results in more than minor permanent, visible disfigurement; 
• broken or displaced limbs or bones, including fractured skull;
• compound fractures, broken cheek bone, jaw, ribs, etc;
• injuries which cause substantial loss of blood, usually necessitating a transfusion;
• injuries resulting In lengthy treatment or incapacity;
• psychiatric injury. 

Wound: The continuity of the whole skin must be broken.

Assault on an emergency worker: “an offence of common assault, or battery, that is committed against an emergency worker acting in the exercise of their functions as such a worker.”

Threats to kill: “A person who without lawful excuse makes to another a threat, intending that that other would fear it would be carried out, to kill that other or a third person shall be guilty of an offence . . .”

Obstruction of a police officer: “Any person who resists or wilfully obstructs a constable in the execution of his duty, or a person assisting a constable in the execution of his duty, shall be guilty of an offence . . .”

Make a note of anything you missed or wrote incorrectly. These will become the areas you need to work on.

Applying understanding

Next we will test your understanding of the legislation with some true or false questions.

Quick review

Review the core parts of offences against the person with these flash cards.

Summary

An assault is any act which intentionally or recklessly causes another to apprehend immediate unlawful violence. This means that there doesn’t actually have to be any physical contact between those involved. So the defendant intentionally causes the other to believe or is reckless as to whether the other will believe the threat, and the victim must believe that they are going to be subjected to immediate unlawful violence. 

Apprehension does not mean “fear”. Words and silence can amount to an assault. It is possible to negate an assault if a conditional threat is made.

A battery is committed when a person intentionally or recklessly inflicts unlawful force on another. So in assault we need an intent (or recklessness) to cause another to apprehend violence (no physical contact was actually required), and in battery we need an intent (or recklessness) to inflict force on another. 

Battery can be committed in some seemingly minor and indirect ways, such as on someones clothes. If someone consents to an assault, the consent may negate an offence. The questions that need to be asked are 

• did the alleged victim in fact consent (expressly or by implication) to what was done; and

• if so, does public policy consideration invalidate that consent? 

In relation to children and their punishment, any reference to giving corporal punishment to a child is to doing anything for the purpose of punishing that child (whether or not there are other reasons for doing it) which, apart from any justification, would constitute battery. However, corporal punishment shall not be taken to be given to a child by virtue of anything done for reasons that include averting

 (a) an immediate danger of personal injury to, or

 (b) an immediate danger to the property of any person (including the child himself).

According to the CPS, the reasonable punishment defence remains available for charges of common assault or battery. The focus must be on whether the injury is more than transient or trifling. 

The Assaults on Emergency Workers (Offences) Act 2018 applies to an offence of common assault, or battery, that is committed against an emergency worker acting in the exercise of their functions as such a worker. The meaning of emergency worker is extensive and covered in S3 of the act. The emergency worker doesn’t have to have been at work at the time of the assault, but they do need to have been carrying out functions that they would have done at work.

The term Actual Bodily Harm is given its ‘ordinary meaning’ but that the word harm implied an ‘injury’ of some sort, which need not be permanent but which must not be so trivial as to be wholly insignificant”. And, “Actual bodily harm includes any hurt or injury calculated to interfere with the health or comfort of the victim”. It can even include the cutting of a substantial amount of hair. Bodily harm also includes psychological injury. 

Section 20 of the offences against the person act covers Wounding or Inflicting Grievous Bodily Harm. In relation to the term “maliciousness” you need to ask yourself, “did the defendant foresee the harm that in fact occurred, might occur from his actions, but nevertheless continued regardless of the risk?” The defendant does not need to foresee the degree of harm which is eventually caused, only that his/her behaviour may bring about some harm to the victim.

In order to wound, the continuity of the whole skin must be broken. GBH is defined as ‘really serious bodily harm’ but can mean ‘serious injury’. Harm does not necessarily have to be either permanent or dangerous and that ultimately, the assessment of harm done is a matter for the jury, applying social standards.

Examples of what will amount to ‘grievous bodily harm’ can be found in the Home office counting rules for recording crime and includes (but is not limited to)

• injury resulting in permanent disability or permanent loss of sensory function;
• injury which results in more than minor permanent, visible disfigurement; 
• broken or displaced limbs or bones, including fractured skull;
• compound fractures, broken cheek bone, jaw, ribs, etc;
• injuries which cause substantial loss of blood, usually necessitating a transfusion;
• injuries resulting In lengthy treatment or incapacity;
• psychiatric injury. 

The courts have recognised that person-to-person transmission of a sexual infection can amount to GBH under this Act. 

S.18 Wounding or Inflicting Grievous Bodily Harm with INTENT is similar to s.20 but adds “Intent” to the offence. So in this case, the mens rea is really important. There are four different parts to this offence.

(a) wounding with intent to do grievous bodily harm;

(b) causing grievous bodily harm with intent to do so;

(c) malicious wounding with intent to resist or prevent the lawful apprehension etc. of any person; or

(d) maliciously causing grievous bodily harm with intent to resist or prevent the lawful apprehension etc. of any person.

The prosecution must prove that the defendant intended to wound and/or cause grievous bodily harm.

According to the CPS, factors that may indicate such a specific intent include:

• a repeated or planned attack

• deliberate selection of a weapon or adaptation of an article to cause injury, such as breaking a glass before an attack

• making prior threats, or

• using an offensive weapon against, or kicking a victim’s head.

Where the intent was to resist or prevent the lawful arrest of someone, the element of maliciousness does need to be proved. If this offence is committed in order to resist or prevent lawful apprehension, that can be of the defendant themselves, or some other person. The intentional infliction of an STI can amount to an offence under s. 18 of the Act.

In Threats to Kill the defendant does not have to have the intention to kill but there has to be an intent that the person to whom the threat has been issued would fear it would be carried out.  It doesn’t matter whether the person to whom the threat is made does fear that the threat would be carried out. The threat can be communicated in any form. E.g., text, phone call, letter, or in person etc. The threat may also be immediate, or a threat to kill someone in the future.

A foetus is not a third person and so a threat to a mother to kill her unborn child in her womb, does not amount to this offence. It may however be an offence if the threat is to kill the specific child after it is born.

It may be possible to have a lawful excuse for threatening to kill. For example, if a person was acting in self-defence. 

In relation to an assault with intent to resist arrest, the arrest or detention need be lawful and it will need to be shown that the defendant committed an assault and he intended to resist arrest of himself or another. This offence can apply not just to police officers, but also to any other person with a power of arrest. It is not a defence if the person believes he is innocent of the crime he is being arrested for.

Where there is an assault on police, the offence requires that the officer was acting lawfully in the execution of his/her duty when assaulted. 

As with the previous offences, no offence obstructing a police officer, can be committed unless the officer was acting in the lawful execution of his/her duty.

The offence talks or both resistance and obstruction. Resistance suggests a physical element but obstruction does not and could be something as simple as giving misleading information, tipping people off or making it more difficult for the police to carry out their duties. Not answering questions or advising another not to answer questions, is usually not obstruction. Any obstruction must be wilful, that is the defendant must intend to behave in such a way as to make it more difficult for the police to carry out their duties.

What next…?

Before completing the 20 questions below and rather than review the topics above any further at this point, move on to study another topic. This will give you time to find out how much you have actually remembered, and which areas have been forgotten.

Suggested topics –

• Weapons
• Firearms
• Blackmail
• Robbery

Return to offences against the person at a later date and write out the definitions and legislation at the beginning of this lesson (before reading anything else), then check them against the legislation above. Any areas of weakness need to be returned to after a further break. Remember to keep extending the gap between reviewing work. Spaced repetition is the key.

20 questions

Now you have returned to offences against the person after studying other topics, take the quiz to see how much information you have retained.

BURGLARY

Legislation covered

• Theft Act 1968

Topics covered

• Entry
• Trespassing
• Building
• 9(1)(a)
• 9(1)(b)
• Rule of doors

Knowledge test

Start by writing down the burglary legislation – as much as you know of s.9. It is written below the video so once you’ve watched the video you can check and see how much you knew correctly. Don’t worry about the aggravated offence, we will cover s.10 later.

Burglary lesson video

Knowledge check

Return to the legislation you wrote out at the beginning of the lesson and see if you were correct.

A person is guilty of burglary if –

(a) 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) 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.

Make a note of anything you missed or wrote incorrectly. These will become the areas you need to work on.

Comparison

Here we highlight the difference between the two sub-sections of the section 9 offence. Notice how in s.9(1)(a) we are concerned with intent and in s.9(1)(b) we are concerned with behaviour. Unlawful damage only applies to s.9(1)(a) and attempts only apply to s.9(1)(b).

You can right click and save this image.

Applying understanding

Next we will test your understanding of the legislation. Look at the following examples and decide which are burglaries. Each question carries on from the previous one.

Quick review

Review the core parts of burglary with these flash cards.

AGGRAVATED BURGLARY

Legislation covered

• Theft Act 1968

Topics covered

• Weapons
• Imitation firearms
• Firearms
• Explosives

Knowledge test

Start by writing down the aggravated burglary legislation – as much as you know of s.10. It is written below the video so once you’ve watched the video you can check and see how much you knew correctly.

Aggravated burglary lesson video

Return to the legislation you wrote out at the beginning of the lesson and see if you were correct.

A person is guilty of aggravated burglary if,

he commits any burglary and at the time has with him any firearm or imitation firearm, any weapon of offence, or any explosive; and for this purpose –

(a) “firearm” includes an airgun or air pistol, and “imitation firearm” means anything which has the appearance of being a firearm, whether capable of being discharged or not; and

(b) “weapon of offence” means any article made or adapted for use for causing injury to or incapacitating a person, or intended by the person having it with him for such use; and

(c) “explosive” means any article manufactured for the purpose of producing a practical effect by explosion, or intended by the person having it with him for that purpose.

Make a note of anything you missed or wrote incorrectly. These will become the areas you need to work on.

Applying understanding

Next we will test your understanding of the legislation. Look at the following examples and decide which are aggravated burglaries. Each questions is independent from the previous one.

Quick review

Review the core parts of aggravated burglary with these flash cards.

Summary

Burglary

Buildings include inhabited vehicles or vessels even when unoccupied. Entry need only be effective and deliberate, it does not require your entire body to enter the building, and insertion of an instrument (to enable the offence of burglary to take place) is considered entry.

A trespasser is someone who enters another persons property unlawfully. The defendant must have been a trespasser when they entered the building or part of the building or have been reckless to the fact. This includes where a person moves from a part of a building where they have permission to be to another part where they do not, or enters a part of the building that is clearly out of bounds (even without physical separation). But this does not include where someone who becomes a trespasser by exceeding a condition of entry. 

s.9(1)(a) is about entering with intent to steal, inflict GBH or cause unlawful damage regardless of their ultimate behaviour. s.9(1)(b) is concerned with their behaviour – stealing, inflicting GBH or attempting either.

Remember the rule of doors. Every time the defendant walks through a door we ask ourselves “Is he entering as a trespasser?”, if he is, we then ask ourselves, “does he enter with intent to steal, inflict GBH or unlawful damage?”. If he enters as a trespasser, but doesn’t enter with intent, we then ask ourselves “does he go on to steal, attempt to steal, inflict GBH or attempt GBH?”

Aggravated burglary

The articles this legislation are concerned with are: 

• Weapon of offence
• Imitation firearm
• Firearm
• Explosive

A weapon of offence means “any article made or adapted for use for causing injury to or incapacitating a person, or intended by the person having it with him for such use.”An imitation firearm simply has to have the the appearance of a firearm.Firearms include airguns and air pistols.Explosive means “any article manufactured for the purpose of producing a practical effect by explosion, or intended by the person having it with him for that purpose.” 

The WIFE must be with the person at the time of the burglary. If a s.9(1)(a) burglary is committed, then the WIFE must be with him when he entered the building or part of the building as a trespasser with intent to steal, inflict GBH or cause unlawful damage.In a s.9(1)(b) burglary, having entered a building or part of a building as a trespasser, the offence is committed when he has a WIFE with him as he steals (or attempts to steal), or inflicts GBH (or attempts to inflict GBH).

The WIFE must be “with him” and this can mean the defendant was carrying the offensive weapon or has it in his immediate control.

And finally, there must be knowledge of the WIFE or the intention to use an article offensively.

What next…?

Before completing the 20 questions below and rather than review the topics above any further at this point, move on to study another topic. This will give you time to find out how much you have actually remembered, and which areas have been forgotten.

Suggested topics –

• Weapons
• Firearms
• Blackmail
• Robbery

Return to burglary at a later date and write out both s.9 and s.10 offences (before reading anything else), then check them against the legislation above. Any areas of weakness need to be returned to after a further break. Remember to keep extending the gap between reviewing work. Spaced repetition is the key.

20 questions

Now you have returned to burglary after studying other topics, take the quiz to see how much information you have retained.