(AQA A2 Unit 4) Property Offences - Help with the Defence of Intoxication? Watch

Simplyobsessed
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I'm very much confused at the moment.

Is there an easy way to tell the difference between Specific and Basic intent offences?

My current understanding is that Theft/Robbery/Blackmail/Burgalry/Making off Without payment under the Theft Act 1968 are all specific intent. Fraud by false representation and Obtaining services dishonestly under the Fraud Act 2006 are also specific intent. -- but i'm very confused, so please could someone confirm this?

My main difficulty is with Criminal Damage, under the Criminal Damage act 1971. I think s1(1) is basic? What about s1(2) - aggrevated, and s1(3) - Arson?

Am I correct in thinking that intoxication can only be a defence for specific intent (Mejewski) or have I interpreted it wrong? :o: :confused:
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Simplyobsessed
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If anyone could help me with this? I'm still clueless!
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Sam.Law
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only criminal damage has reckless in the mens rea for unit 4, so its one of basic intent - therefore intoxication wont succeeed (majewski)

all the other offences have intent in the mens rea so are of specific intent and therefore can be use the defence of intoxication. However im unsure of what the punishment goes down to, i know they get a reduced sentence but im not sure what the different offences have as for like theft there isnt a lesser offence like in unit 3 with reguard to murder getting reduced to manslaughter.

Hope this helps
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stuck4aname
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As far as I can see, the only offence in this unit that is basic intent is basic criminal damage. The textbook also says arson is the same as basic CD, but requires fire, so presumably arson is basic intent too - unless it endangers life, in which case it will become aggravated.

The Majewski rules state that voluntary intoxication will be a defence to crimes of specific intent, but only involuntary intoxication will be a defence to crimes of basic intent, as voluntarily getting intoxicated is reckless in itself.

EDIT: Just remembered that you can commit aggravated criminal damage recklessly, therefore it is basic intent. I believe the rest are specific, though.
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bexbrown
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Would burglary under s.9 2B also possibly be basic intent when done with GBH (and not specific intent to cause GBH) ?
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Simplyobsessed
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Thanks
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