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Offences


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 ASSAULT

There are a range of offences which fall under the category of assault. This is determined by the level of injury on the complainant has suffered.

 

COMMON ASSAULT

Common assault is the lowest of charges which comes under the category of assault. This is where the complainant felt fear that immediate violence would occurs. It does not require there to be actual physical touching for this offence to apply. Examples of this include:

  • Gesticulating with a fist
  • Motioning to hit, kick or punch someone
  • Act aggressively with a weapon, whether deadly or not where the victim thinks they might be hurt by It

 

BATTERY

If physical touching occurs, the offence would be battery. When the offence of battery occurs, the victim might suffer little to no injuries. If there are more severe injuries, they are dealt with the other categories of assault crimes.

Examples of the offence of battery include:

  • Spitting
  • Slapping
  • Kicking
  • Pushing

 

ACTUAL BODILY HARM (ABH)

ABH occurs where there has been an unlawful application of force. It is a more serious offence than battery and it determined by the level of injury on the victim.

Examples of ABH include:

  • Punching
  • Being attacked with a weapon
  • Cuts
  • Bruises
  • Fractured bone(s)

 

GRIEVOUS BODILY HARM (GBH)

GBH offences are the most serious of the assault type offences and this occurs where the victim suffers serious injury. This is governed by Offences against the Person Act (1861). There are two offences which fall under GBH, section 18 and section 20. Section 18 is where there has been serious injury during from a pre-planned or intentional attack. Section 20 is where there is serious injury happening via reckless conduct. Both offences are custodial offences which means you would go to prison.

Examples of GBH:

  • Wounding where the skin has been broken
  • Broken bones
  • Fractured skull
  • An injury which leads to the victim’s vision, speech, cognitive skills are weakened

 

DRUG OFFENCES

Drugs which are illegal and categorised are known as “controlled drugs.” These are drugs which are heavily regulated by the criminal law. There are three types of drug categorisation based on their level of harm. These are:

  • Class A: Cocaine (including its crystal form Crack Cocaine), Lysergic Acid Diethylamide (LSD), Ecstasy, Heroin, Methamphetamine (including its commonly known crystal form known as Crystal Meth), Psilocybin (commonly known as magic mushrooms)
  • Class B: Amphetamines, Barbiturates, Cannabis, Codeine, Ketamine, Synthetic Cathinones
  • Class C: Anabolic Steroids, Benzodiazepines (commonly known as diazepam), Nitrous Oxide (commonly known as laughing gas)

Drug offences are also determined by the level of involvement a suspect is in the drug trade.

 

POSSESSION

It is illegal to possess a controlled drug. If drugs are found in your possession, you can be charged with an offence irrespective of whether they are yours. The sentence for possession differs based on what class they are categorised, a person’s previous criminal history and the quantity found.

POSSESSION WITH INTENT TO SUPPLY

It is also illegal to possess a controlled substance with the intent to supply to other persons.

 

SUPPLY

This is where a controlled drug is given from one person to another. To be arrested for supply of drugs, it can be from as small as sharing drugs with a friend to nationwide trafficking. Within the offence of supply, there are several types of offences, depending on a person’s role in the process such as being concerned the supply, conspiracy to supply etc.

 

CULTIVATION

This refers to the production of drugs.

 

EXPORTATION AND/OR IMPORTATION

It is illegal to import or export any controlled drug unless with a licence granted by the Home Secretary and in accordance with the licence.

 

FRAUD

There are a variety of fraud offences which can have wide ranging implications on the individual. Depending on the type and seriousness of the allegation, a person could face a fine or even imprisonment if found guilty. A range of governmental agencies could be involved in a fraud prosecution such as Serious Fraud Office, Revenues and Customs Prosecutions Office, Financial Services Authority and The City of London Police..

The Fraud Act [2006] created three ways of committing the offence of fraud. These are:

 

FRAUD BY FALSE REPRESENTATION

This is when a person or company lies on purpose or distorts the truth during business dealings to financially benefit from it and/or cause loss to another. This includes acts such as using someone else’s credit card to buy something when you have not been given allowed, selling goods without the owner’s permission, lying on forms for financial gain.

 

FRAUD BY FAILURE TO DISCLOSE INFORMATION

This is when a person causes a breach of his legal duty by not disclosing information where there is a requirement to do so, and a person intends to gain from not disclosing this information or intends to the causing of loss to someone else.

 

FRAUD BY ABUSE OF POSITION

This is where a person in a position of authority uses his position to gain financially from it rather than acting in the best interest of his organisation or individuals he represents. Examples of this includes a trustee of a charity embezzling donations, a company director using information gained in the course of the directorial duties to benefit himself financially, rigging bids for financial contracts to manipulate bids.