1. CRIME Unit 19

2. Preview 1. Definition 1. Definition 2. Purpose of criminal law 2. Purpose of criminal law 3. Classification of offences 3. Classification of offences 4. Elements of a crime 4. Elements of a crime 5. Burden and standard of proof 5. Burden and standard of proof 6. Criminal law and human rights 6. Criminal law and human rights 7. Participation 7. Participation 8. Capacity 8. Capacity 9. General defences 9. General defences 10. Types of offences 10. Types of offences 8. Legal terms 8. Legal terms 9. Exercises 9. Exercises

3. DEFINITION Crime: offence against community, punishable by the State Crime: offence against community, punishable by the State An illegal act which may result in prosecution and punishment by the state An illegal act which may result in prosecution and punishment by the state

4. DEFINITION “A crime is a conduct forbidden by the State and to which a punishment has been attached because the conduct is regarded by the State as being criminal” “A crime is a conduct forbidden by the State and to which a punishment has been attached because the conduct is regarded by the State as being criminal” What conduct is criminal varies from country to country, and from one time to another What conduct is criminal varies from country to country, and from one time to another

5. Purpose of criminal law? Protect individuals and their property from harm Protect individuals and their property from harm Preserve order in society Preserve order in society Punish offenders Punish offenders Enforce moral values? Enforce moral values?

6. CATEGORIES OF CRIMINAL OFFENCE Summary offences Summary offences Indictable offences Indictable offences Offences triable either way Offences triable either way

7. Summary offence Summary offence a minor crime which can be tried summarily, i.e. before magistrates (e.g. common assault, speeding, being drunk or disorderly); Summary offence a minor crime which can be tried summarily, i.e. before magistrates (e.g. common assault, speeding, being drunk or disorderly); Prosecutions must be started within 6 months of the commission of the offence Prosecutions must be started within 6 months of the commission of the offence

8. Offences triable either way Cases which can be heard summarily in the Magistrates' Court or on indictment the Crown Court (theft, assault occasioning actual bodily harm, affray) Cases which can be heard summarily in the Magistrates' Court or on indictment the Crown Court (theft, assault occasioning actual bodily harm, affray)

9. Indictable offences Serious crimes which must be tried on indictment in the Crown Court (murder, manslaughter, rape) Serious crimes which must be tried on indictment in the Crown Court (murder, manslaughter, rape)

10. Indictment Formal document accusing a person of committing an indictable offence Formal document accusing a person of committing an indictable offence Read out to the accused at trial Read out to the accused at trial

11. Form of indictment Headed with the name of the case and the place of trial Headed with the name of the case and the place of trial Statement of offence, stating what crime has allegedly been committed, followed by particulars of the offence Statement of offence, stating what crime has allegedly been committed, followed by particulars of the offence If the accused is charged with more than one offence, each allegation and charge appears in a separate paragraph called a count If the accused is charged with more than one offence, each allegation and charge appears in a separate paragraph called a count

12. Categories for police powers of detention Summary offences (24 hrs) Summary offences (24 hrs) Indictable offences (24-36-max.96 hrs) Indictable offences (24-36-max.96 hrs) Terrorism offences (48 hrs – 28 days: Terrorism Act 2000, Schedule 8 as amended by the Terrorism Act 2006) Terrorism offences (48 hrs – 28 days: Terrorism Act 2000, Schedule 8 as amended by the Terrorism Act 2006)

13. Classification by the type of harm caused by the crime Offences against the person Offences against the person Offences against property Offences against property Offences against public order Offences against public order

14. Elements of a crime In order to be convicted, the accused must be shown to have committed an unlawful act (actus reus) with a criminal state of mind (mens rea) In order to be convicted, the accused must be shown to have committed an unlawful act (actus reus) with a criminal state of mind (mens rea)

15. Elements of a crime ACTUS REUS + MENS REA = OFFENCE ACTUS REUS + MENS REA = OFFENCE Lat: Actus non facit reum nisi mens sit rea = ‘the act itself does not constitute guilt unless done with a guilty mind’ Lat: Actus non facit reum nisi mens sit rea = ‘the act itself does not constitute guilt unless done with a guilty mind’

16. Actus reus The physical element of a crime The physical element of a crime It can be: It can be: 1. An act (e.g. theft) 1. An act (e.g. theft) 2. An omission to act (e.g. wilful neglect of a child) 2. An omission to act (e.g. wilful neglect of a child) 3.A state of affairs (e.g. being drunk in a public place) 3.A state of affairs (e.g. being drunk in a public place)

17. Mens rea The mental element of an offence; the state of mind that the prosecution must prove that defendant had at the time of committing a crime in order to secure conviction The mental element of an offence; the state of mind that the prosecution must prove that defendant had at the time of committing a crime in order to secure conviction Intention to bring about a particular consequence, or recklessness as to whether such consequences may come about Intention to bring about a particular consequence, or recklessness as to whether such consequences may come about

18. Burden of proof The burden is on the prosecution to prove the case The burden is on the prosecution to prove the case The standard of proof: ‘beyond reasonable doubt’ The standard of proof: ‘beyond reasonable doubt’ If the defendant raises a defence it is for the prosecution to negate the defence in order to convict If the defendant raises a defence it is for the prosecution to negate the defence in order to convict For certain defences the burden of proof is on the defendant (defence of insanity): on the balance of probabilities For certain defences the burden of proof is on the defendant (defence of insanity): on the balance of probabilities

19. Criminal law and human rights The right to a fair trial (Art. 6 (1) The right to a fair trial (Art. 6 (1) The presumption of innocence (Art. 6 (2) The presumption of innocence (Art. 6 (2) No punishment without law (Art. 7 (1) No punishment without law (Art. 7 (1)

20. The right to a fair trial the right to be heard by a competent, independent and impartial tribunal the right to a public hearing the right to be heard within a reasonable time The right to counsel the right to court interpreting and translation

21. The presumption of innocence „Everyone charged with a criminal offence shall be presumed innocent until proven guilty” (Art. 6(2) „Everyone charged with a criminal offence shall be presumed innocent until proven guilty” (Art. 6(2)

22. No punishment without law ‘No one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence under national law or international law at the time it was committed’ Art 7(1) ‘No one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence under national law or international law at the time it was committed’ Art 7(1)

23. Other Convention rights The right not to be subjected to inhuman or degrading treatment (Art 3(1) The right not to be subjected to inhuman or degrading treatment (Art 3(1) The right of respect for a person’s private life (Art 8) The right of respect for a person’s private life (Art 8) No discrimination on the grounds of sex, race, colour, religion or political opinion (Art 14) No discrimination on the grounds of sex, race, colour, religion or political opinion (Art 14)

24. Participation Principal offenders Principal offenders Innocent agents Innocent agents Secondary parties Secondary parties

25. Principal offender The person whose act is the immediate cause of actus reus The person whose act is the immediate cause of actus reus Must have the necessary mens rea to be guilty of the offence Must have the necessary mens rea to be guilty of the offence There can be two or more joint or co- principals There can be two or more joint or co- principals

26. Innocent agent Someone whom the principal uses to do the act Someone whom the principal uses to do the act The agent may be innocent if: The agent may be innocent if: A) they lack the capacity to commit offence (child under the age of 10) A) they lack the capacity to commit offence (child under the age of 10) B) they do not have mens rea B) they do not have mens rea C) they have a defence such as insanity C) they have a defence such as insanity

27. Secondary parties Also: accessory Also: accessory Guilty of the main crime and liable to the same punishment as the principal Guilty of the main crime and liable to the same punishment as the principal Can only be convicted if there was an actus reus and mens reafor the main offence Can only be convicted if there was an actus reus and mens reafor the main offence If the principal has attempted the main crime the accessory can be guilty to the attempt If the principal has attempted the main crime the accessory can be guilty to the attempt

28. Incohate offences = incomplete offences Incitement – seeking to influence the mind of another to the commission of a crime Incitement – seeking to influence the mind of another to the commission of a crime Conspiracy: c. to defraud, c. to corrupt public morals, c. to outrage public decency Conspiracy: c. to defraud, c. to corrupt public morals, c. to outrage public decency Attempt: attempting to commit an offence Attempt: attempting to commit an offence

29. Exemptions from criminal liability A person can be exempted from criminal liability if: A person can be exempted from criminal liability if: A) something had deprived them of their free will and control (insanity, coercion), or A) something had deprived them of their free will and control (insanity, coercion), or B) s/he is one of the class of persons subject to special rules (foreign sovereigns, diplomats, minors) B) s/he is one of the class of persons subject to special rules (foreign sovereigns, diplomats, minors)

30. Limitations on capacity Children under the age of ten Children under the age of ten Mentally ill persons: unfitness to plead, insanity at time of offence, diminished responsibility Mentally ill persons: unfitness to plead, insanity at time of offence, diminished responsibility Corporate liability Corporate liability

31. Children under the age of 10 S50 Children and Young Persons Act 1933 ‘it shall be conclusively presumed that no child under the age of ten can be guilty of any offence’ – doli incapax presumption S50 Children and Young Persons Act 1933 ‘it shall be conclusively presumed that no child under the age of ten can be guilty of any offence’ – doli incapax presumption

32. Children aged ten and over S34 Crime and Disorder Act 1998 abolished the presumption that a child aged 10 to 13 is incapable of committing an offence; a child aged 10 and over is considered to be ‘as responsible for his actions as if he were 40’ S34 Crime and Disorder Act 1998 abolished the presumption that a child aged 10 to 13 is incapable of committing an offence; a child aged 10 and over is considered to be ‘as responsible for his actions as if he were 40’

33. Children aged ten and over For all but the most serious offences children (10-13) and young persons (14- 17) are tried in the Youth Court For all but the most serious offences children (10-13) and young persons (14- 17) are tried in the Youth Court Where a child or a young person is tried in the Crown Court special arrangements must be made to allow him to participate effectively in the trial Where a child or a young person is tried in the Crown Court special arrangements must be made to allow him to participate effectively in the trial Sentencing powers – different from those for adults Sentencing powers – different from those for adults

34. Mentally ill persons Where the defendant is unable to understand the charge against him so as to be able to make a proper defence, he may be found unfit to plead (Criminal Procedure (Insanity) Act 1964) Where the defendant is unable to understand the charge against him so as to be able to make a proper defence, he may be found unfit to plead (Criminal Procedure (Insanity) Act 1964) Where a person is fit to plead but is found to be insane at the time he committed the offence a special verdict of ‘Not guilty by reason of insanity’ is given by the jury’ Where a person is fit to plead but is found to be insane at the time he committed the offence a special verdict of ‘Not guilty by reason of insanity’ is given by the jury’

35. Diminished responsibility A partial defence only available on a charge of murder; A partial defence only available on a charge of murder; operates where a person suffers from an abnormality of the mind which substantially impairs his mental responsibility for his acts or omissions in doing or being a party to the killing (s2 Homicide Act 1957) operates where a person suffers from an abnormality of the mind which substantially impairs his mental responsibility for his acts or omissions in doing or being a party to the killing (s2 Homicide Act 1957) If the defence is successful the charge of murder is reduced to manslaughter If the defence is successful the charge of murder is reduced to manslaughter

36. Corporate liability A corporation – a legal person A corporation – a legal person A corporation cannot be convicted of an offence where the only punishment available is physical, e.g. life imprisonment for murder A corporation cannot be convicted of an offence where the only punishment available is physical, e.g. life imprisonment for murder A corporation cannot commit crimes of a physical nature, such as bigamy or rape, though it may be possible for a corporation to be liable as an accessory A corporation cannot commit crimes of a physical nature, such as bigamy or rape, though it may be possible for a corporation to be liable as an accessory A corporation can be liable for manslaughter (P&O European Ferries (Dover) Ltd (19919 A corporation can be liable for manslaughter (P&O European Ferries (Dover) Ltd (19919

37. The principle of identification As a corporation has no physical existence it is necessary to identify those people within the corporation who can be considered as the ‘directing mind and will of the company’ As a corporation has no physical existence it is necessary to identify those people within the corporation who can be considered as the ‘directing mind and will of the company’ The acts and intentions of those who are identified as the ‘embodiment of the company’ are considered the acts and intention of the company The acts and intentions of those who are identified as the ‘embodiment of the company’ are considered the acts and intention of the company

38. General defences Insanity Insanity Automatism Automatism Intoxication Intoxication Duress Duress Mistake Mistake Self-defence Self-defence

39. General defences Availability of different defences Available for all offences Only available for some offences insanityintoxicationNot available for crimes of basic intent automatismduressNot available for murder, attempted murder, or treason mistakenecessityVery rarely successful as a defence Self-defenceconsentNot available for murder or some assaults

40. Homicide Murder (intention to kill) Murder (intention to kill) Manslaughter: Manslaughter: Statutory offences Statutory offences

41. Manslaughter 1) Voluntary: mens rea for murder but has a special defence: diminished responsibility, provocation, suicide pact 1) Voluntary: mens rea for murder but has a special defence: diminished responsibility, provocation, suicide pact 2) involuntary 2) involuntary

42. Statutory offences Causing death by dangerous driving Causing death by dangerous driving Infanticide Infanticide Causing or allowing the death of a child or vulnerable adult Causing or allowing the death of a child or vulnerable adult Offences against a foetus Offences against a foetus

43. Non-fatal offences against the person Common assault: assault; battery Common assault: assault; battery Assault occasioning actual bodily harm Assault occasioning actual bodily harm Maliciously wounding or inflicting grievous bodily harm Maliciously wounding or inflicting grievous bodily harm

44. Sexual offences Rape Rape Sexual assaults Sexual assaults Sexual offences on children Sexual offences on children Offences involving family members (incest) Offences involving family members (incest) bigamy bigamy

45. Theft and related offences Theft Theft Robbery Robbery Burglary Burglary Taking a conveyance without consent Taking a conveyance without consent Handling stolen goods Handling stolen goods Making off without payment Making off without payment blackmail blackmail

46. Deception offences Deception Deception Obtaining property by deception Obtaining property by deception Obtaining a money transfer by deception Obtaining a money transfer by deception Obtaining a pecuniary advantage by deception Obtaining a pecuniary advantage by deception Obtaining services by deception Obtaining services by deception Fraud (by false representation, by failing to disclose information, by abuse of position) Fraud (by false representation, by failing to disclose information, by abuse of position)

47. Criminal damage Criminal damage – destroying or damaging property Criminal damage – destroying or damaging property Endangering life Endangering life Arson Arson

48. Public order defences Riot (12 or more persons use or threaten unlawful violence) Riot (12 or more persons use or threaten unlawful violence) Violent disorder (3 or more persons use or threaten unlawful violence) Violent disorder (3 or more persons use or threaten unlawful violence) Affray (if a person uses or threatens unlawful violence towards another Affray (if a person uses or threatens unlawful violence towards another Fear or provocation of violence (using threatening, abusive or insulting words or behaviour) Fear or provocation of violence (using threatening, abusive or insulting words or behaviour)

49. Public order defences Harassment offences Harassment offences Racially aggravated offences Racially aggravated offences

50. Legal terms Crime kazneno djelo; kriminal; kriminalitet; zločin (crime against humanity zločin protiv čovječanstva; war crime ratni zločin) Crime kazneno djelo; kriminal; kriminalitet; zločin (crime against humanity zločin protiv čovječanstva; war crime ratni zločin)

51. Legal terms Indict /in’dait/ to charge with a crime; podići optužnicu Indict /in’dait/ to charge with a crime; podići optužnicu Indictment /in’daitmƏnt/ a written statement of the details of the crime with which someone is charged in the Crown Court; Indictment /in’daitmƏnt/ a written statement of the details of the crime with which someone is charged in the Crown Court; optužni prijedlog optužni prijedlog

52. Legal terms Indictable offence /in’daitƏbl Ə’fens/a serious offence which is tried in the Crown Court; Indictable offence /in’daitƏbl Ə’fens/a serious offence which is tried in the Crown Court; teško kazneno djelo; kazneno djelo koje se goni po službenoj dužnosti teško kazneno djelo; kazneno djelo koje se goni po službenoj dužnosti

53. Examples Arson, assassination, assault, bigamy, blackmail, bribery, burglary, embezzlement, espionage, extortion, forgery, fraud, libel, manslaughter, murder, perjury, piracy, robbery, slander, smuggling, theft, treason Arson, assassination, assault, bigamy, blackmail, bribery, burglary, embezzlement, espionage, extortion, forgery, fraud, libel, manslaughter, murder, perjury, piracy, robbery, slander, smuggling, theft, treason

54. Translation equivalents Arson palež, podmetanje požara assassination atentat Arson palež, podmetanje požara assassination atentat assault napad; pokušaj nanošenja ozljede bigamy bigamija, dvoženstvo assault napad; pokušaj nanošenja ozljede bigamy bigamija, dvoženstvo blackmail ucjena blackmail ucjena bribery mito bribery mito burglary provalna krađa burglary provalna krađa

55. Translation equivalents embezzlement pronevjera embezzlement pronevjera espionage špijunaža espionage špijunaža extortion iznuda extortion iznuda Forgery krivotvorenje Forgery krivotvorenje fraud prijevara fraud prijevara libel kleveta, pisana uvreda libel kleveta, pisana uvreda manslaughter ubojstvo iz nehaja, ubojstvo na mah manslaughter ubojstvo iz nehaja, ubojstvo na mah murder ubojstvo s predumišljajem murder ubojstvo s predumišljajem

56. Translation equivalents perjury krivokletstvo, lažno svjedočenje, lažna prisega, davanje lažnog iskaza piracy bespravno umnožavanje, tiskanje robbery razbojništvo, razbojnička krađa slander usmena kleveta perjury krivokletstvo, lažno svjedočenje, lažna prisega, davanje lažnog iskaza piracy bespravno umnožavanje, tiskanje robbery razbojništvo, razbojnička krađa slander usmena kleveta smuggling krijumčarenje smuggling krijumčarenje theft krađa theft krađa treason izdaja treason izdaja

57. What’s the difference? Assassination? Assassination? Manslaughter? Manslaughter? Murder? Murder?

58. The difference is... assasination murder of a well-known person assasination murder of a well-known person manslaughter killing someone without having intended to do so, or killing someone intentionally but with mitigating circumstances manslaughter killing someone without having intended to do so, or killing someone intentionally but with mitigating circumstances murder killing someone intentionally murder killing someone intentionally

59. What’s the difference? Burglary? Burglary? Embezzlement? Embezzlement? Extortion? Extortion? Robbery? Robbery? Theft? Theft?

60. The difference is... Burglary going into a building, usually by force, and stealing things Burglary going into a building, usually by force, and stealing things Embezzlement using illegally or stealing money which you are responsible for as part of your work Embezzlement using illegally or stealing money which you are responsible for as part of your work Extortion getting money by threats Extortion getting money by threats

61. The difference is… Robbery stealing something using force or threatening to use force Robbery stealing something using force or threatening to use force Theft taking of property which belongs to someone else Theft taking of property which belongs to someone else

62. What’s the difference? Slander? Slander? Libel? Libel?

63. The difference is... Slander: an untrue spoken statement which damages someone’s character Slander: an untrue spoken statement which damages someone’s character Libel: a published or broadcast statement which damages someone’s character Libel: a published or broadcast statement which damages someone’s character

64. What’s the difference? Piracy? Piracy? Forgery? Forgery?

65. The difference is... Forgery the crime of making an illegal copy of something such as document or banknote to use as if it were real Forgery the crime of making an illegal copy of something such as document or banknote to use as if it were real Piracy the activity of copying patented inventions or copyright works Piracy the activity of copying patented inventions or copyright works

66. Match the crimes to definitions: Arson, assassination, assault, bigamy, blackmail, bribery, burglary, embezzlement, espionage, extortion, forgery, fraud, libel, manslaughter, murder, perjury, piracy, robbery, slander, smuggling, theft, treason Arson, assassination, assault, bigamy, blackmail, bribery, burglary, embezzlement, espionage, extortion, forgery, fraud, libel, manslaughter, murder, perjury, piracy, robbery, slander, smuggling, theft, treason

67. Name the crime 1._______acting in such a way as to make someone believe he or she will be hurt 1._______acting in such a way as to make someone believe he or she will be hurt 2. ______betraying your country to a foreign power 2. ______betraying your country to a foreign power 3. ______copying patented inventions or copyrighted works 3. ______copying patented inventions or copyrighted works 4. _____entering a building illegally and stealing things 4. _____entering a building illegally and stealing things

68. Name the crime 5.____getting money from people by threatening to publicise facts they do not want revealed 5.____getting money from people by threatening to publicise facts they do not want revealed 6. ____getting money from people using threats 6. ____getting money from people using threats 7. ____getting property or money from people by making them believe untrue things 7. ____getting property or money from people by making them believe untrue things 8. ___going through a ceremony of marriage when you are still married to someone else 8. ___going through a ceremony of marriage when you are still married to someone else

69. Name the crime 9. ____killing a public figure illegally and intentionally 9. ____killing a public figure illegally and intentionally 10. ____killing someone illegally and intentionally 10. ____killing someone illegally and intentionally 11. ____killing someone unintentionally or in mitigating circumstances 11. ____killing someone unintentionally or in mitigating circumstances 12. ____making an illegal copy of a banknote or document 12. ____making an illegal copy of a banknote or document

70. Name the crime 13. ___offering money corruptly to get someone to do something to help you 13. ___offering money corruptly to get someone to do something to help you 14. ___saying something which damages someone’s character 14. ___saying something which damages someone’s character 15. ____setting fire to a building 15. ____setting fire to a building 16. ____stealing something by using force or threatening to use force 16. ____stealing something by using force or threatening to use force 17. ____stealing, taking property which belongs to someone else 17. ____stealing, taking property which belongs to someone else

71. Name the crime 18. ____taking goods illegally into or out of a country 18. ____taking goods illegally into or out of a country 19. ___telling lies when you have sworn an oath to say what is true in court 19. ___telling lies when you have sworn an oath to say what is true in court 20. ___trying to find out secrets by illegal means 20. ___trying to find out secrets by illegal means 21. ___using illegally or stealing money which you are looking after for someone else 21. ___using illegally or stealing money which you are looking after for someone else 22.___writing, publishing or broadcasting a statement which damages someone’s character 22.___writing, publishing or broadcasting a statement which damages someone’s character

72. 2. Name the crime “I arrived home late and found that I’d forgotten my keys. I didn’t want to wake my wife up, and I saw there was a ladder in the garden of the house next door. I got the ladder and climbed in. We’ve just moved house and I didn’t realise I was in the wrong street...” “I arrived home late and found that I’d forgotten my keys. I didn’t want to wake my wife up, and I saw there was a ladder in the garden of the house next door. I got the ladder and climbed in. We’ve just moved house and I didn’t realise I was in the wrong street...”

73. 2. Name the crime “I was walking my dog when I saw the gun lying on the ground. I picked it up – it was still warm – and at that moment I saw the body lying in the long grass. I went across to look and it was my business partner. That’s when the police arrived...” “I was walking my dog when I saw the gun lying on the ground. I picked it up – it was still warm – and at that moment I saw the body lying in the long grass. I went across to look and it was my business partner. That’s when the police arrived...”

74. 2. Name the crime “I opened the bank account in a false name as a way to help my employer pay less tax – it’s perfectly legal. I kept meaning to tell him, but somehow I just forgot. I bought the villa in France with my own money. It was an inheritance...” “I opened the bank account in a false name as a way to help my employer pay less tax – it’s perfectly legal. I kept meaning to tell him, but somehow I just forgot. I bought the villa in France with my own money. It was an inheritance...”

75. 2. Name the crime “”OK, so there are 123 copies of the video. That’s perfectly true, but I had no intention of selling them. I’m a collector.” “”OK, so there are 123 copies of the video. That’s perfectly true, but I had no intention of selling them. I’m a collector.”

76. 2. Name the crime “Well, this obviously isn’t my suitcase. I’ve never seen these things before in my life. The monogram? Well, they are my initials, but that must be a coincidence. That’s probably how the two cases got mixed up. After all, JA aren’t very unusual initials. A photograph with me in it? My word, that’s incredible! It must be someone who knows me...” “Well, this obviously isn’t my suitcase. I’ve never seen these things before in my life. The monogram? Well, they are my initials, but that must be a coincidence. That’s probably how the two cases got mixed up. After all, JA aren’t very unusual initials. A photograph with me in it? My word, that’s incredible! It must be someone who knows me...”

77. 2. Name the crime “I didn’t know my wife was still alive, I thought she’d died in a car accident. I couldn’t believe it when I saw her walk into the room. Surely you don’t think I married you just to get your money...?” “I didn’t know my wife was still alive, I thought she’d died in a car accident. I couldn’t believe it when I saw her walk into the room. Surely you don’t think I married you just to get your money...?”

78. 2. Name the crime You misunderstood me. When I offered him the money I meant it as a gift. I know that life can be difficult for a young man on a police salary, especially if he has a family, young children etc. It isn’t easy and I know that. I just wanted to help. I didn’t expect him to do anything in return...” You misunderstood me. When I offered him the money I meant it as a gift. I know that life can be difficult for a young man on a police salary, especially if he has a family, young children etc. It isn’t easy and I know that. I just wanted to help. I didn’t expect him to do anything in return...”

79. 2. Name the crime “After leaving the office i realised I’d forgotten my umbrella. I went back in to get it. When I went in I noticed that the photocopier was still turned on. It had been working very badly all day, and I decided to quickly see what was wrong with it before going home. I made a few test copies of documents that were in the office; I didn’t even look at what I was copying. The machine seemed to be working much better. I put the copies in my briefcase – intending to use the other side as notepaper. I don’t believe in wasting paper. At that moment Mr Sanders came out of his office...” “After leaving the office i realised I’d forgotten my umbrella. I went back in to get it. When I went in I noticed that the photocopier was still turned on. It had been working very badly all day, and I decided to quickly see what was wrong with it before going home. I made a few test copies of documents that were in the office; I didn’t even look at what I was copying. The machine seemed to be working much better. I put the copies in my briefcase – intending to use the other side as notepaper. I don’t believe in wasting paper. At that moment Mr Sanders came out of his office...”

80. 2. Name the crime “I painted them for pleasure. I had no intention of deceiving people. I never said they were by other people. Yes, I did include the signatures of other artists but that’s because I wanted them to be perfect copies...” “I painted them for pleasure. I had no intention of deceiving people. I never said they were by other people. Yes, I did include the signatures of other artists but that’s because I wanted them to be perfect copies...”

81. 2. Name the crime “Mr. Williams sent me the money to help me in my business venture – I’m trying to start a design agency. He sent me cheques every month for $1200. A couple of times he sent extra when I had special expenses. It was always understood that he would participate in the profits of the business when it was running. We didn’t write anything down, it was an oral agreement. The photographs I have of him with his secretary have no connection with these payments.” “Mr. Williams sent me the money to help me in my business venture – I’m trying to start a design agency. He sent me cheques every month for $1200. A couple of times he sent extra when I had special expenses. It was always understood that he would participate in the profits of the business when it was running. We didn’t write anything down, it was an oral agreement. The photographs I have of him with his secretary have no connection with these payments.”

82. Assignment Write a defence for another crime and show it to other students in your class. See if they can guess what crime you are thinking of. Write a defence for another crime and show it to other students in your class. See if they can guess what crime you are thinking of.