Burrell v Harmer: Aggravated Offences Quiz and Flashcards

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Questions and Answers

The Crime and Disorder Act 1998, s28(1) applies to a selected few offences.

False

Section 28(1)(a) of the Crime and Disorder Act 1998 aggravates an offence based on the offender's motivation.

False

The offence is racially or religiously aggravated if the offender demonstrates hostility towards the victim immediately before the offence.

True

The sentence increase for a racially or religiously aggravated offence is 5-7 years.

False Signup and view all the answers

Section 28(1)(b) of the Crime and Disorder Act 1998 aggravates an offence based on the offender demonstrating hostility towards the victim.

False Signup and view all the answers

The case of R v Babbs involved a racially aggravated assault that occurred in a takeaway restaurant.

True Signup and view all the answers

In the case of R v Brown, the court ruled that sadomasochism qualifies as a special category of serious harm.

False Signup and view all the answers

In R v Wilson, the court held that branding someone's buttocks is not a form of body modification and thus invalidates consent.

False Signup and view all the answers

According to R v Barnes, if a player causes serious injury to another player in a football match, they are always liable for their actions.

False Signup and view all the answers

In R v Dica, the court ruled that consent to the risk of infection is not necessary for a conviction of inflicting GBH.

False Signup and view all the answers

The Domestic Abuse Act 2021 allows for consent to harm for sexual pleasure and the risk of infection.

False Signup and view all the answers

In R v Jones, the court held that a person can consent to serious harm in the context of horseplay.

False Signup and view all the answers

According to the court's ruling in H v CPS, foresight of contact is not enough to establish liability.

False Signup and view all the answers

In the case of Burrell v Harmer, the court held that the boys' consent was valid because they had actively instigated the tattooing.

False Signup and view all the answers

In R v Konzani, the court held that the victims had consented to the risk of contracting HIV because they had consented to the sex.

False Signup and view all the answers

Fraud can only be to the identity of the defendant or the nature of the defendant's conduct, as well as the attributes of the defendant.

False Signup and view all the answers

In R v Richardson, the court held that fraud as to an attribute such as a qualification did amount to fraud of identity of the defendant.

False Signup and view all the answers

In R v Melin, the court held that the consent of the second victim was not valid because of the defendant's fraudulent representation.

False Signup and view all the answers

In R v Mobilio, the court held that the defendant's motivation went to the nature of the act, and therefore the victim's consent was not valid.

False Signup and view all the answers

In R v Jones, the court held that the defendants' genuine belief in consent was not sufficient to negate liability.

False Signup and view all the answers

The principles of consent applicable to minor offences are different from those applicable to statutory offences.

False Signup and view all the answers

In R v Brown, the court held that the defendants' consent was not valid because they had caused harm to each other for their sexual pleasure.

False Signup and view all the answers

The Crime and Disorder Act 1998 requires that racial or religious hostility be the sole motivation for an offence to be aggravation.

False Signup and view all the answers

In Kendall v DPP, the court held that the defendant's posters were not motivated by racial hostility.

False Signup and view all the answers

Domestic violence is a specific offence under English law.

False Signup and view all the answers

The Offence of controlling or coercive behaviour under the Serious Crime Act 2015 only applies to married couples.

False Signup and view all the answers

The defence of consent is not applicable to assault and battery.

False Signup and view all the answers

A parent can chastise their child as a form of discipline.

True Signup and view all the answers

A teacher can use reasonable force to discipline a student.

False Signup and view all the answers

Implied consent to low-level contact in society is not a defence to assault and battery.

False Signup and view all the answers

A police officer can restrain an individual merely to establish their identity.

False Signup and view all the answers

Racial aggravation under the Crime and Disorder Act 1998 only applies to racial hostility.

False Signup and view all the answers

Under the Crime and Disorder Act 1998, what is required for an offence to be racially or religiously aggravated?

The offender must have demonstrated hostility towards the victim based on their membership of a racial or religious group. Signup and view all the answers

What is the increase in sentence for a racially or religiously aggravated offence under the Crime and Disorder Act 1998?

Up to 1-2 years Signup and view all the answers

What is the basis for aggravation under section 28(1)(b) of the Crime and Disorder Act 1998?

The offence is motivated by hostility towards members of a racial or religious group. Signup and view all the answers

In what case did the court rule that a defendant's racially aggravated assault was motivated by hostility towards the victim?

R v Babbs Signup and view all the answers

What is the relationship between section 28(1)(a) and section 28(1)(b) of the Crime and Disorder Act 1998?

They are alternative ways of proving racial or religious aggravation. Signup and view all the answers

What is the effect of racial or religious aggravation on the sentence for an offence under the Crime and Disorder Act 1998?

It increases the sentence. Signup and view all the answers

What is the main issue in the scenario of R v Jones (boy thrown in the air case)?

Validity of consent Signup and view all the answers

What is the category of serious harm that sadomasochism does not qualify as?

Recognised categories of serious harm Signup and view all the answers

In R v Brown, what was the court's decision regarding consent to sadomasochism?

Consent is not valid for sadomasochism in public interest Signup and view all the answers

What is the requirement set out by the court in relation to s47, s20, and s18?

Additional requirement of consent Signup and view all the answers

In R v Dica, what was the court's decision regarding consent to the risk of infection?

Consent to the risk of infection is not valid due to fraud Signup and view all the answers

What is the category of serious harm that branding someone's butt, as in R v Wilson, qualifies as?

Cosmetic surgery/body modification Signup and view all the answers

What is a requirement for an offence to be considered racially or religiously aggravated under the Crime and Disorder Act 1998?

The offender must have demonstrated racial or religious hostility towards the victim Signup and view all the answers

What is the requirement for the offence of controlling or coercive behaviour under the Serious Crime Act 2015?

The behaviour must be continuous and have a serious effect on the victim Signup and view all the answers

What is an essential element of the defence of consent in common law offences?

The defendant must have reasonable grounds for believing in the victim's consent Signup and view all the answers

In what circumstances can a parent chastise their child as a form of discipline?

Only if the chastisement is reasonable and moderate Signup and view all the answers

What is the relevant section of the Crime and Disorder Act 1998 that deals with racially or religiously aggravated offences?

s28(1)(b) Signup and view all the answers

What is the effect of a defendant being motivated by racial or religious hostility in an offence under the Crime and Disorder Act 1998?

The offence is aggravated and the sentence is increased Signup and view all the answers

What is the relevant section of the Serious Crime Act 2015 that deals with controlling or coercive behaviour?

s76(1) Signup and view all the answers

What is the effect of a police officer restraining someone merely to establish their identity?

The police officer is acting reasonably Signup and view all the answers

What is the requirement for the defence of consent to be applicable in common law offences?

The defendant must have reasonable grounds for believing in the victim's consent Signup and view all the answers

What is the relevant section of the Children Act 2004 that deals with chastisement of children?

s58 Signup and view all the answers

In the case of Burrell v Harmer, what was the court's reasoning for holding that the boys' consent was not valid?

They lacked capacity to understand the nature of the act Signup and view all the answers

What is the requirement for consent to be valid, according to the case of R v Konzani?

The victim must have knowledge of the risk Signup and view all the answers

What is the additional requirement for consent in cases of serious harm, according to R v Brown?

The harm must be legally recognized as being consented to Signup and view all the answers

What is the effect of fraud on consent, according to R v Richardson?

Fraud can only be to the identity of the defendant or the nature of the defendant's conduct Signup and view all the answers

In R v Jones, what was the court's ruling regarding the defendants' reliance on consent?

The defendants' genuine belief in consent was not sufficient to negate liability Signup and view all the answers

What is the principle of consent applicable to minor offences, according to the text?

Express or implied consent is required Signup and view all the answers

What is the effect of duress on consent, according to the text?

Duress negates consent Signup and view all the answers

What is the requirement for effective consent, according to the text?

The victim must have capacity to understand the nature of the act Signup and view all the answers

What is the effect of fraudulent representation on consent, according to R v Melin?

Fraudulent representation negates consent Signup and view all the answers

What is the principle of consent applicable to statutory offences, according to the text?

The same principles of consent apply as with minor offences Signup and view all the answers

Study Notes

R v Brown: sadomasochism does not qualify as one of the special categories of serious harm
Recognised categories of serious harm:
- Surgery/medical treatment
- Cosmetic surgery/body modification
- Religious flagellation
- Horseplay
- Sports
- Sexual pleasure

Racial and Religious Aggravation

Crime and Disorder Act 1998, s28(1): an offence is racially or religiously aggravated if:
- A) offender demonstrates hostility towards the victim's membership of racial or religious group
- B) offence is motivated (wholly or partly) by hostility towards members of a racial or religious group
Aggravation as a 'bolt-on' element:
- Applies to all offences on the full ladder
- Increases sentence by 1-2 years

Burrell v Harmer: minors (under 18) lack capacity to consent to tattooing
R v Konzani: consent to risk of serious harm (HIV infection) requires informed consent
R v Richardson: fraud can only be to identity of D or nature of D's conduct

Aggravation in AR and MR

Crime and Disorder Act 1998, s28(1)(a): aggravation in AR (demonstrates hostility)
Crime and Disorder Act 1998, s28(1)(b): aggravation in MR (motivated by hostility)
Kendall v DPP: D's partial motivation by racial hostility is sufficient for aggravation

Domestic Violence

Domestic Abuse Act 2015: definition of domestic abuse, but not an offence in itself
Controlling or Coercive Behaviour: offence under Serious Crime Act 2015, s76
- Repeatedly or continuously engages in behaviour towards another person that is controlling or coercive
- Personally connected to the victim
- Behaviour has a serious effect on the victim
- D knows or ought to know that the behaviour will have a serious effect

Common law offences: consent is central to 'unlawfulness' of minor offences
Express or implied consent:
- Express consent is straightforward
- Implied consent is an important issue for assault and battery### Effective Consent
Effective consent is whether the victim (V) had the capacity to make the decision to consent.
V must have capacity, and if they are minors, they may lack capacity to understand the nature of the act (Burrell v Harmer).
V must have knowledge (informed consent), and cannot consent to something if they are not aware of the risks (R v Konzani).

V must not be the victim of fraud, which can only be to the identity of the defendant (D) or the nature of D's conduct (R v Richardson).
Fraud can negate consent, but fraud as to an attribute such as a qualification does not amount to fraud of identity of D (R v Richardson).
If D fraudulently presents themselves as a professional, and V consents to treatment, the consent may not be valid (R v Melin).
V must not be a victim of duress, and D's honest belief in consent can also negate liability (R v Jones).

Consenting to Serious Harm

The same principles of consent apply to statutory offences as with minor offences, including express/implied consent and effective consent.
For more serious harm (ABH/GBH), there is a further requirement that the harm must be legally recognized as being consented to (R v Brown).
The leading case of R v Brown involved sadomasochistic gay gatherings, where the men consented to acts causing ABH and wounding for their sexual pleasure.
They were charged with offences under s47, s20, and the court had to consider whether the harm was legally recognized as being consented to.

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Test your knowledge of aggravated offences in criminal law, including racial and religious aggravation under the Crime Disorder Act 1998. Learn about the key elements and provisions of the law.

Criminal Law: Aggravated Offences

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Questions and Answers

The Crime and Disorder Act 1998, s28(1) applies to a selected few offences.

Section 28(1)(a) of the Crime and Disorder Act 1998 aggravates an offence based on the offender's motivation.

The offence is racially or religiously aggravated if the offender demonstrates hostility towards the victim immediately before the offence.

The sentence increase for a racially or religiously aggravated offence is 5-7 years.

Section 28(1)(b) of the Crime and Disorder Act 1998 aggravates an offence based on the offender demonstrating hostility towards the victim.

The case of R v Babbs involved a racially aggravated assault that occurred in a takeaway restaurant.

In the case of R v Brown, the court ruled that sadomasochism qualifies as a special category of serious harm.

In R v Wilson, the court held that branding someone's buttocks is not a form of body modification and thus invalidates consent.

According to R v Barnes, if a player causes serious injury to another player in a football match, they are always liable for their actions.

In R v Dica, the court ruled that consent to the risk of infection is not necessary for a conviction of inflicting GBH.

The Domestic Abuse Act 2021 allows for consent to harm for sexual pleasure and the risk of infection.

In R v Jones, the court held that a person can consent to serious harm in the context of horseplay.

According to the court's ruling in H v CPS, foresight of contact is not enough to establish liability.

In the case of Burrell v Harmer, the court held that the boys' consent was valid because they had actively instigated the tattooing.

In R v Konzani, the court held that the victims had consented to the risk of contracting HIV because they had consented to the sex.

Fraud can only be to the identity of the defendant or the nature of the defendant's conduct, as well as the attributes of the defendant.

In R v Richardson, the court held that fraud as to an attribute such as a qualification did amount to fraud of identity of the defendant.

In R v Melin, the court held that the consent of the second victim was not valid because of the defendant's fraudulent representation.

In R v Mobilio, the court held that the defendant's motivation went to the nature of the act, and therefore the victim's consent was not valid.

In R v Jones, the court held that the defendants' genuine belief in consent was not sufficient to negate liability.

The principles of consent applicable to minor offences are different from those applicable to statutory offences.

In R v Brown, the court held that the defendants' consent was not valid because they had caused harm to each other for their sexual pleasure.

The Crime and Disorder Act 1998 requires that racial or religious hostility be the sole motivation for an offence to be aggravation.

In Kendall v DPP, the court held that the defendant's posters were not motivated by racial hostility.

Domestic violence is a specific offence under English law.

The Offence of controlling or coercive behaviour under the Serious Crime Act 2015 only applies to married couples.

The defence of consent is not applicable to assault and battery.

A parent can chastise their child as a form of discipline.

A teacher can use reasonable force to discipline a student.

Implied consent to low-level contact in society is not a defence to assault and battery.

A police officer can restrain an individual merely to establish their identity.

Racial aggravation under the Crime and Disorder Act 1998 only applies to racial hostility.

Under the Crime and Disorder Act 1998, what is required for an offence to be racially or religiously aggravated?

What is the increase in sentence for a racially or religiously aggravated offence under the Crime and Disorder Act 1998?

What is the basis for aggravation under section 28(1)(b) of the Crime and Disorder Act 1998?

In what case did the court rule that a defendant's racially aggravated assault was motivated by hostility towards the victim?

What is the relationship between section 28(1)(a) and section 28(1)(b) of the Crime and Disorder Act 1998?

What is the effect of racial or religious aggravation on the sentence for an offence under the Crime and Disorder Act 1998?

What is the main issue in the scenario of R v Jones (boy thrown in the air case)?

What is the category of serious harm that sadomasochism does not qualify as?

In R v Brown, what was the court's decision regarding consent to sadomasochism?

What is the requirement set out by the court in relation to s47, s20, and s18?

In R v Dica, what was the court's decision regarding consent to the risk of infection?

What is the category of serious harm that branding someone's butt, as in R v Wilson, qualifies as?

What is a requirement for an offence to be considered racially or religiously aggravated under the Crime and Disorder Act 1998?

What is the requirement for the offence of controlling or coercive behaviour under the Serious Crime Act 2015?

What is an essential element of the defence of consent in common law offences?

In what circumstances can a parent chastise their child as a form of discipline?

What is the relevant section of the Crime and Disorder Act 1998 that deals with racially or religiously aggravated offences?

What is the effect of a defendant being motivated by racial or religious hostility in an offence under the Crime and Disorder Act 1998?

What is the relevant section of the Serious Crime Act 2015 that deals with controlling or coercive behaviour?

What is the effect of a police officer restraining someone merely to establish their identity?

What is the requirement for the defence of consent to be applicable in common law offences?

What is the relevant section of the Children Act 2004 that deals with chastisement of children?

In the case of Burrell v Harmer, what was the court's reasoning for holding that the boys' consent was not valid?

What is the requirement for consent to be valid, according to the case of R v Konzani?

What is the additional requirement for consent in cases of serious harm, according to R v Brown?

What is the effect of fraud on consent, according to R v Richardson?

In R v Jones, what was the court's ruling regarding the defendants' reliance on consent?

What is the principle of consent applicable to minor offences, according to the text?

What is the effect of duress on consent, according to the text?

What is the requirement for effective consent, according to the text?

What is the effect of fraudulent representation on consent, according to R v Melin?

What is the principle of consent applicable to statutory offences, according to the text?

Study Notes

Consent to Harm

Racial and Religious Aggravation

Effective Consent

Aggravation in AR and MR

Domestic Violence

Defence of Consent

Factors that Undermine Consent

Consenting to Serious Harm

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