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Cavendish LawCards are whole, pocket-sized publications to key examinable components of the legislation for either undergraduate and PGDL classes. Their concise textual content, ordinary format and compact layout make Cavendish LawCards the precise revision relief for determining, figuring out, and committing to reminiscence the salient issues of every zone of legislations.
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Extra resources for Cavendish: Criminal Lawcards
Statutory offences The Divisional Court in DPP v Little (1991) found that not only were common assault and battery separate offences, but also that the Offences Against the Person Act 1861 had put them into a statutory form. It is, therefore, no longer correct to refer to them as common law assault and battery. They should now be charged under s 39 of the Criminal Justice Act 1988. 46 3 Non-fatal offences against the person Section 47 of the Offences Against the Person Act 1861 Definition Section 47 of the Offences Against the Person Act 1861 provides that it is an offence to commit ‘any assault occasioning actual bodily harm’.
Generally, ‘aid’ and ‘abet’ are considered to cover assistance and encouragement given at the time of the offence, whereas ‘counsel’ and ‘procure’ more often describe advice and assistance given at an earlier stage. The four modes of accessorial participation have also been differentiated in terms of requirements of causation and consensus (see the table overleaf). Â Â Procuring: there must be a causal link to the principal’s act, but there is no requirement of consensus. For example, if a defendant secretly laces another person’s drink, and that person is then subsequently convicted of drink driving, the defendant will be liable for procuring the offence in having brought it about, despite there being no meeting of minds (AG’s Ref (No 1 of 1975)).
However, the defendant will have committed one of the other child sexual offences. Child sex offences (ss 9–15) Â Â Â Â Â Sexual activity with a child (s 9) Causing or inciting a child to engage in sexual activity (s 10) Engaging in sexual activity in the presence of a child (s 11) Causing a child to watch a sexual act (s 12) Meeting a child following sexual grooming etc (s 15) A defendant will commit one of these offences if he engages in the relevant activity with a child under 16 and he does not reasonably believe that the child was 16.
Cavendish: Criminal Lawcards by Routledge, Routledge-Cavendish