Crimes Relating to Public Order and Morality Flashcards Preview

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Flashcards in Crimes Relating to Public Order and Morality Deck (16)
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1

where is the authoritative case found for Breach of the Peace?

Smith v Donnelly

2

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

3

where was the definition of breach of the peace reinforced?

Harris V HMA 2009

4

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"

5

was Harris convicted?

no the charges were dismissed as irrelevant

6

where was the definition of breach of the peace challenged

in Jones v Carnegie (2004)

7

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

8

what was Jones a catalyst for

the amendments made to the definition of breach of the peace

9

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

10

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

11

give an example of a case convicted under section 38 (1) (b)

Ronney v Brown (2013), would not have constituted crime before hand

12

where can the definition of a hate crime be found

Equalities act 2010 or the Crime and Disorder Act 1998

13

what is the definition of a hate crime

a crime motivated by malice and ill towards a social group

14

what is mobbing

when persons combine together for a commonly shared purpose by violence or intimidation. Disturbs public peace

15

What is an example of a mobbing case

Coleman V HMA 1999, presence in mob must be consenting or supporting

16

what is the criminal liability in relation to mobbing

where a specific crime, for instance murder, is committed it must be shown that the common purpose of the mob was murderous for all to be held criminally liable