serious organised crimes

Concealing etc. Criminal Property – s.327 Proceeds of Crime Act 2002

Actus Reus

• D:

  • Conceals

  • Disguises

  • Converts

  • Transfers

  • Removes criminal property

Mens Rea

• D knows or suspects property is criminal property

Key Definitions

• Criminal property: property representing benefit from criminal conduct

Key Points

• Money placed into an account can become criminal property

• Focus is on knowledge or suspicion

• Often charged alongside fraud

Causing Explosion – s.2 Explosive Substances Act 1883

Actus Reus

• Causing an explosion

• Explosion likely to:

  • Endanger life, or

  • Cause serious injury to property

Mens Rea

• Intent or recklessness as to consequences

Intent to Cause Explosion / Possession with Intent – s.3 Explosive Substances Act 1883

Actus Reus

• Doing an act, conspiring, or possessing explosives

• With intent to:

  • Endanger life, or

  • Cause serious injury to property

Key Point

• If s.3 made out → do not charge s.4

Making or Possession in Suspicious Circumstances – s.4 Explosive Substances Act 1883

Actus Reus

• Making or possessing explosives

• In suspicious circumstances

Key Points

• Subsidiary offence

• Possession defined via Terrorism Act 2000 s.77

Petrol Bomb Offences – ss.2–3 Protection of Persons and Property Act (NI) 1969

s.2

• Making or possessing petrol bomb

• In suspicious circumstances

s.3

• Using or throwing petrol bomb

Key Points

• “Possession” interpreted under Terrorism Act 2000

• Often overlaps with arson or serious violence offences

Possession without Certificate – Art. 3 Firearms (NI) Order 2004

Actus Reus

• Possession of firearm or ammunition

• Without valid certificate

Key Definitions

• Firearm: any lethal barrelled weapon

• Imitation firearm included

Possession with Intent to Endanger Life – Art. 58(1)

Actus Reus

• Possession of firearm or ammunition

Mens Rea

• Intent to endanger life or injure property

Possession with Intent to Cause Fear of Violence – Art. 58(2)

Actus Reus

• Possession of firearm / imitation / ammunition

Mens Rea

• Intent to cause fear of violence

Carrying Loaded Firearm in Public – Art. 61(1)

Actus Reus

• Carrying loaded firearm or ammunition

• In public place

Possession in Suspicious Circumstances – Art. 64

Actus Reus

• Possession of firearm or ammunition

• Suspicious circumstances

Possession of Offensive Weapon – Art. 22 Public Order (NI) Order 1987

Actus Reus

• D has with him an offensive weapon

• In a public place

Mens Rea

• No intent required beyond possession

Weapon Categories

1. Offensive per se

2. Adapted

3. Intended for use

Possession of Bladed Article – s.139 Criminal Justice Act 1988

Actus Reus

• Possession of bladed or sharply pointed article

• In a public place

Disorderly Behaviour – Art. 18(1) Public Order (NI) Order 1987

Actus Reus

• Disorderly behaviour in public place

Key Points

• No statutory definition

• Includes words alone

• Shouting, causing disturbance

Riotous Behaviour – Art. 18(3) Public Order (NI) Order 1987

Actus Reus

• Riotous behaviour

• In context of riot

• Use of force or violence

Common Law Riot

Elements

1. Identifiable person

2. Serious rioting in progress

3. 3 or more persons

4. Common purpose

5. Mutual assistance

6. Use of force

7. Causes alarm

Unlawful Assembly – Common Law

Elements

• 3+ persons

• Common purpose

• To commit violence or pursue unlawful objective

Affray – Common Law

Elements

• Fighting or use of unlawful force

• Such that a bystander of reasonable firmness would fear violence

Threats to Kill – s.16 Offences Against the Person Act 1861

Actus Reus

• Threat to kill another or third person

Mens Rea

• Intent that threat be taken seriously

• Recipient would fear it would be carried out

Defences

• Lawful excuse (e.g. self-defence, preventing crime)

False Imprisonment – Common Law

Actus Reus

• Unlawful restraint of freedom of movement

• By words or actions

Mens Rea

• Intentional or reckless restraint

Key Point

• No need for physical barriers

Possession of a Controlled Drug – s.5(2) Misuse of Drugs Act 1971

Actus Reus

• An identifiable living person

• Possesses

• A controlled drug (Class A, B, or C)

Meaning of Possession

• Physical custody or control

• Can include drugs in a car or house

• Requires knowledge of presence

Mens Rea

• Knowledge or awareness of possession

• No need to know exact class or type of drug

Key Points

• Mistake as to type of drug is not a defence

• Defence available where D proves:

  • Temporary possession to prevent crime, or

  • Possession to deliver to lawful authority

Possession of a Controlled Drug with Intent to Supply – s.5(3) Misuse of Drugs Act 1971

Actus Reus

• Identifiable living person

• Possesses a controlled drug

• Lawfully or unlawfully

• With intent to supply to another

Mens Rea

• Knowledge of possession

• Intention to supply (future supply)

Key Indicators of Intent

• Quantity inconsistent with personal use

• Drugs prepared for sale

• Scales, bags, cutting agents

• Large sums of cash or extravagant lifestyle

Key Point

• Returning drugs to another person counts as supply

Supplying a Controlled Drug – s.4(3) Misuse of Drugs Act 1971

Actus Reus

• Identifiable living person

• Supplies or offers to supply

• A controlled drug to another

Meaning of Supply

• Any physical transfer

• No payment required

• Includes social supply (e.g. sharing)

Mens Rea

• Knowledge of the nature of the enterprise

Key Points

• Offence complete even if offer cannot be fulfilled

• Distribution within a small group still qualifies

Cultivation of Cannabis – s.6 Misuse of Drugs Act 1971

Actus Reus

• Identifiable living person

• Cultivates

• Cannabis plant

Meaning of Cultivation

• Germination of seeds

• Requires some element of care (watering, feeding)

Mens Rea

• No requirement to know plant is cannabis

Key Points

• Small-scale → Magistrates’ Court

• Larger scale → may indicate intent to supply

• Cultivation is not a lifestyle offence (POCA)

Production of a Controlled Drug – s.4(2) Misuse of Drugs Act 1971

Actus Reus

• Identifiable living person

• Produces

• A controlled drug

Meaning of Production

• Manufacture, cultivation, or other method

• Covers advanced preparation for distribution

Mens Rea

• Participation in production process

Key Distinction

• Production is appropriate where:

  • Cannabis “factory” exists

  • Drugs prepared for onward supply

Key Point

• Production is a lifestyle offence under POCA

• Cultivation is not

Offence weapons per se

flick knives

knuckle busters

butterfly knives

bayonets

daggers

swords

truncheons

rice flails