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College > 2nd Exam > Flashcards

2nd Exam Flashcards

1
Q

Elements of Assault?

A

Assaults Another Person

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2
Q

Elements of Unlawfully Takes Vehicle

A

Dishonestly

Without Claim of right

But not so much as to be guilty of theft

Takes

For his or her own purposes OR Another person’s purposes

Any Vehicle OR ship OR Aircraft OR Any part of any vehicle, ship or aircraft OR Any horse

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3
Q

Elements of Unlawfully Using Vehicle

A

Dishonestly

Without Claim of Right

But not so much as to be guilty of theft

Uses

For his or her own purposes OR Another person’s purposes

Any Vehicle OR Ship OR Aircraft OR Part of any vehicle, ship or aircraft OR Any horse

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4
Q

Elements of Dishonestly Gets Upon

A

Dishonestly

Without Claim of Right

Gets into OR upon

Any vehicle OR Ship OR Aircraft OR Horse

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5
Q

Elements of Dishonestly Interferes with

A

Dishonestly

Without Claim of Right

Interferes with

Any Vehicle OR Ship Or Aircraft OR Part of any vehicle or ship or Aircraft.

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6
Q

Elements of Preparing to Commit an Imprisonable Offence

A

Found

In any public place

Behaving in a manner from which it can be reasonablt infered that the person is

Preparing to commit an imprisonable offence

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7
Q

What makes you party, and therefore guilty of, an offence?

A
  1. Actually Commits offence
  2. Aids
  3. Abets
  4. Incites
  5. Counsels
  6. Procures

‘Actually Attending An Incredibly Cool Party’

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8
Q

Elements of Wilful Damage

A

Intentionally

Damages

Property

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9
Q

Elements of Offensive Behaviour in a Public Place

A

In a public place or within view of a public place

Behaves in an offensive manner

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10
Q

Elements of Disorderly Behaviour in a Public Place

A

In or within view of a public place

Behaves in a disorderly manner

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11
Q

Elements of Fighting in a Public Place

A

Fights

In a public place

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12
Q

Elements of excreting in a Public Place?

A

Unrinates or defecates

In any public place other than a lavatory

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13
Q

Elements of Obstruction

A

Intentionally Obstructs OR Incites OR Encourages any other person to obstruct

Any Police Constable OR Authorised Officer OR Traffic Officer OR Prison Officer acting in the execution of their duties

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14
Q

Elements of Resisting Police

A

Resists OR Incites OR Encourages any other person to resist

Any Constable OR Authorised Officer OR Traffic Officer OR Prison Officer acting in the execution of their duties

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15
Q

Elements of Trespassing (section 3)

A

Tresspasses

On any place

After being warned to leave that place the the occupier of that place

Neglects or refuses to do so

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16
Q

Elements of Tresspassing (Section 4)

A

Being a person warned under section 3 to stay off any place

Willfully trespasses on that place

Within two years

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17
Q

Elements of Found on Property Without Reasonable Excuse (Building/Vehicle)

A

Found

Without Reasonable excuse

In OR On

Any Building OR Any aircraft OR Any hovercraft OR Any ship, ferry or other vessel OR Any Train OR Any Vehicle

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18
Q

Elements of Found on Property Without Reasonable Excuse (enclosed yard)

A

Found

Without reasonable excuse

In

Any enclosed yard or other such area

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19
Q

Elements of Possesing an Offensive Weapon in Public

A

Without lawful authority or reasonable excuse

has with him or her

In any public place

Any knife OR Any Offensive Weapon OR Any disabling substance

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20
Q

Elements of Possessing an offensive weapon in any place

A

Has in his or her possession

In any place

Any offensive weapon OR disabling substance

In circumstances that Prima Facie show an intention to use it to commit an offence involving bodily injury or threat of GBH

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21
Q

Elements of Unlawful Carriage or Possession of a Firearm

A

Except for some lawful, proper and sufficient purpose
Carries OR Is in possession of

Firearm OR Airgun OR Pistol OR Prohibed Magazine OR Restricted Weapon OR Explosives

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22
Q

Elements of Unlawful possession of prohibited firearm

A

In posession of

A prohibited firearm

Not authorised or permitted to be in the possession by the Act

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23
Q

Elements of unlawfully carrying or possessing prohibited firearm in public place

A

Without lawful purpose

Carries OR In possession of

A prohibited firearm

In a public place

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24
Q

Elements of unlawful carrying of imitation firearm

A

Except for some lawful, proper and sufficient purpose

Carries

An imitation firearm

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25
Q

Elements of Discharing Firearm Without Reasonable Cause

A

Without reasonable cause

Discharges

A firearm OR Airgun OR Pistol OR Restricted weapon

In or near a dwelling house OR In or near a public place

So as to endanger property OR so as to endanger any person OR So as to annoy any person OR So as to frighten any person

26
Q

Elements of presenting a firearm

A

Except for some lawful, and sufficient purpose

Presents

Firearm OR Airgun OR Pistol OR Restricted weapon

At any other person

27
Q

Elements of presenting anything

A

Except for some lawful and sufficient purpose

Presents

At any other person

Anything

In the circumstancs, is likely to lead that person to believe that it is a firearm (other than a prohibited firearm OR Airgun OR Piston OR restricted weapon

28
Q

Definition of a Firearm?

A

Anything that can fire a projectile through force of explosion.

29
Q

What are the legal obligations of a firearm license holder

A
  • Notify police within 30 days of changing address
  • Produce your firearm within 7 days of being asked to do so by police
  • Notify police if firearm is lost or stolen
  • Report any firearms related injuries or death to police
  • Give details when found within possession of a firearm

Detailed injuries and losses and produce your licence in 7 days or we’ll come to your address in 30

30
Q

How long before a Temp PO becomes final?

A

3 Months

31
Q

How long does a respondant have to hand in their firearms once issues a PO?

A

24 hrs OR upon demand by police

Their license is ‘suspended’ and if the PO becomes final, it is ‘revoked’.

32
Q

What must the court be satisified to have occured before approving a PO?

A

That the respondant has or is inflicting violence

33
Q

What 3 things are POs focussed on?

A
  1. Contact
  2. Violence
  3. Weapons
34
Q

What must courts consider before refusing to grant a PO?

A

The perception of the applicant

The effect of the behavour on the applicant

Whether or not the respondant’s behaviour is a part of a wider trend

35
Q

Who may approve a PSO?

A

A Sgt or above

36
Q

Under Section 113 Land Transport Act 1998, what does the abbreviation ‘DIMDFFD’ stand for?

A

Direct anyone using the road who you suspect has committed an offence to give you their details

Inspect a vehicle for safety

Move or authorise someone to move a vehicle that is causing an obstruction

Direct someone to move a vehicle that is causing an obstruction

Forbid an unlicensed driver from driving

Forbid someone from operating a transport service without a license

Direct someone not to cross or travel on a specific road

37
Q

How long does a bound person have to hand in firearms if an PSO is served?

A

Immediate

38
Q

How long may police detain someone for the purpose of serving a PSO?

A

2 hours

39
Q

What powers does Section 95 Land Transport Act afford you?

A

Suspend drivers licenses for:

  1. Driving 40kmph over the speed limit
  2. Driving 50 kmph over a temp speed limit
  3. Over more than 400MGC alcohol and 1 relevant conviction in the past four years
  4. Refused blood
  5. Over 650 MGC alcohol
40
Q

What powers does Section 96 Land Transport Act 1998 afford you?

A

You MUST impound a vehicle if:

  1. Over 400 MGC and 2 relevant convictions in past 4 years
  2. Driving while suspended or forbidden
  3. Vehicle involved in intentional loss of traction or race
  4. The driver has an interlock licence and the vehicle does not meet this criteria
  5. Refused blood and 2 relevant convictions in past 4 years
41
Q

Powers of Section 121 Land Transport Act 1998

A

Forbid a person from driving

All keys to be surrendered

Render vehicles immobile

Move a vehicle

EBA drivers forbidden from driving for 12 hours

Direct someone to head to a place of rest

42
Q

Elements of Indecent Exposure

A

In or in view of a public place

Intentionally and Obscenely

Exposes any part of his or her genitals

43
Q

Elements of indecent act in a public place

A

Willfully does

Any indecent act

In any place to which the public have or are permitted to have access OR within view of any such place

44
Q

Elements of Indecent act with intent to offend

A

With intent to insult or offend any person

Does any indecent act

In any place

45
Q

Definition of ‘Indecent’

A

Not conforming with generally accepted standards of behaviour, especially in relation to sexual matters

46
Q

When is a person considered missing?

A

Reported

Whereabouts Unkown

Fears for safety

47
Q

Consent must be…

A

Conscious and voluntary

48
Q

Elements of unlawful possession of Firearm

A

Except for some proper and sufficient purpose,

Carries or is in possession of any

Pistol OR Restricted Weapon OR Explosive OR Firearm OR Airgun OR Prohibited magazine

49
Q

Elements of unlawful possession of prohibited firearm

A

Is in possession of

A prohibited firearm

Not authorised or permitted to be in possession by the Act

50
Q

Elements of Unlawfuol carrying or possessing prohibited firearm in public place

A

Without lawful purpose

Carries OR In possession of

A prohibited firearm

In a public place

51
Q

Elements of Unlawful carrying of imitation firearm

A

Except for some lawful, proper and sufficient purpose

Carries

An imitation firearm

52
Q

Elements of discharging firearm without reasonable cause

A

Without reasonable cause

Discharges

a firearm OR Airgun OR restricted weapon OR Pistol

In or near a dwelling house OR in or near a public place

So as to endanger property OR so as to endanger any person OR so as to annoy any person OR so as to frighten any person

53
Q

Elements of presenting a firearm

A

Except for some lawful and sufficient purpose

Presents

Firearm OR restricted weapon OR ​Airgun OR ​Pistol

At any other person

54
Q

Except for some lawful and sufficient purpose

Presents

At any other person

Anything

In the circumstances, is likely to leasd that person to believe that it is a firearm (other than a prohibited firearm) OR ​Airgun OR ​restricted weapon OR ​Pistol

A
55
Q

Elements of possession of controlled substance

A

Procures OR Posseses OR​ Consume OR​ Smoke OR​ Otherwise Use

Any controlled substance

56
Q

Elements of Cultivating a prohibited plant?

A

Cultivates

Any prohibited plant

57
Q

Elements of possesion of intruments (drugs)

A

Has in his possession

Any pipe OR and utensil

For the purpose of the commission of an offence against the Misuse of Drugs Act 1975

58
Q

Elements for the possession of needles

A

Has in his possession

Any needle or syringe

For the purpose for the commission of an offence against the Misuse of Drugs Act 1975

59
Q

Elements for Knowingly Permits

A

Knowingly permits

Any vehicle OR Any premises OR Any other mode of conveyance

To be used for the commission of an offence against the Misuse of Drugs Act 1975

60
Q

Section 7 Victims Rights Act

A

Victims must be treated with Compassion, Courtesy, Privacy and Dignity

61
Q

Section 8 Victims Rights Act 2002

A

Victims and their families are entitles to

  • Medical
  • Welfare
  • Counseling
  • Legal service

Many Will Cry Loudly

62
Q

Section 11 Vicitm’s Rights Act 2002

A

All victims are to be told of section 7

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