Flashcards in Crimes Relating to Public Order and Morality Deck (16)
where is the authoritative case found for Breach of the Peace?
Smith v Donnelly
What is the definition of breach of the peace?
conduct severe enough to cause alarm to ordinary people and threaten serious disturbance to the community
where was the definition of breach of the peace reinforced?
Harris V HMA 2009
what were the amendments to the definition of Breach of the Peace in Harris
Public had to be present of behaviour conducted in private had to be reflective of the "true nature of breach of peace as a crime"
was Harris convicted?
no the charges were dismissed as irrelevant
where was the definition of breach of the peace challenged
in Jones v Carnegie (2004)
what did Jones V Carnegie conclude
that the public element of a crime (even if carried out in private) can be satisfied if there is a realistic risk of it being discovered
what was Jones a catalyst for
the amendments made to the definition of breach of the peace
what is the significance of the Criminal Justice and Licensing Act 2010 with regards to breach of the peace
following challenges instigated in Jones it enabled there to be charges of breach of the peace even if no public was present
what does section 38 of the Criminal Justice and Licensing Act 2010 say
s38 (1) (b)
the behaviour WOULD be likely to to cause a reasonable person fear or alarm
give an example of a case convicted under section 38 (1) (b)
Ronney v Brown (2013), would not have constituted crime before hand
where can the definition of a hate crime be found
Equalities act 2010 or the Crime and Disorder Act 1998
what is the definition of a hate crime
a crime motivated by malice and ill towards a social group
what is mobbing
when persons combine together for a commonly shared purpose by violence or intimidation. Disturbs public peace
What is an example of a mobbing case
Coleman V HMA 1999, presence in mob must be consenting or supporting