Complete Liabilities Flashcards
Intentional Damage (Property):
Intentionally:
A DELIBERATE OR RECKLESS ACT [where the possible consequences are foreseen but continues the act regardless of the risk], WITHOUT LAWFUL JUSTIFICATION, EXCUSE or CLAIM OF RIGHT.
Damages:
TEMPORARY OR PERMANANT REDUCTION in the VALUE and/or USEFULNESS of the property.
Property:
Something that BELONGS TO ANOTHER PERSON and is CAPABLE OF BEING DAMAGED.
Assault:
Assaults:
ACTS OF INTENTIONALLY APPLYING OR ATTEMPTING TO APPLY FORCE TO THE PERSON OF ANOTHER DIRECTLY OR INDIRECTLY OR THREATENING BY ANY ACT OR GESTURE TO APPLY SUCH FORCE TO THE PERSON OF ANOTHER IF THE PERSON MAKING THE THREAT HAS OR CAUSES THE OTHER TO BELIEVE ON REASONABLE GROUNDS THAT THEY HAVE THE PRESENT ABILITY TO EFFECT THEIR PURPOSE.
Another person:
It has to be ANOTHER PERSON other than the offender.
Assault With a Weapon:
Assaults:
ACTS OF INTENTIONALLY APPLYING FORCE OR ATTEMPTING TO APPLY FORCE TO THE PERSON OF ANOTHER, DIRECTLY OR INDIRECTLY, OR THREATENING BY ANY ACT OR GESTURE TO APPLY SUCH FORCE TO A PERSON OF ANOTHER, IF THE PERSON MAKING THE THREAT HAS, OR CAUSES THE OTHER TO BELIEVE ON REASONABLE GROUNDS THAT THEY HAVE, THE PRESENT ABILITY TO EFFECT THEIR PURPOSE.
Another person:
It has to be ANOTHER PERSON other than the offender.
Using anything as a weapon:
AN OBJECT OF SOME SORT, whether animate or inanimate, must be USED AS A WEAPON.
- OR -
Having anything with him or her in circumstances that prima facie show an intention to use it as a weapon:
AN OBJECT OF SOME SORT, whether animate or inanimate, must be either ON THE OFFENDER or REASONABLY AVAILABLE to them. The CIRCUMSTANCES must be sufficient to SHOW AN INTENTION TO USE the OBJECT AS A WEAPON.
Theft (by taking):
Dishonesty:
WITHOUT A BELIEF that there was CONSENT or AUTHORITY from the OWNER.
Without claim of right:
NO BELIEF that the act was LAWFUL.
Takes:
Physically TAKES OR MOVES the property with no authority whatsoever.
Any property:
ANYTHING whatsoever, whether tangible or intanginable, that is the PROPERTY OF ANY PERSON AND HAS VALUE.
With intent to deprive any owner permanently of that property:
DEPRIVE THE OWNER PERMANANTLY or DEAL WITH IT in a manner so that it CANNOT BE RESTORED TO ITS ORIGINAL CONDITION.
- OR -
With intent to deprive any owner permanantly of any interest in that property:
DEPRIVE THE OWNER PERMANANTLY of that part of the property in which they have an INTEREST.
Theft (by using or dealing):
Dishonesty:
WITHOUT A BELIEF that there was CONSENT or AUTHORITY from the OWNER.
Without claim of right:
NO BELIEF that the act was LAWFUL.
Uses or deals with:
OBTAINS POSSESSION or CONTROL of the property and EXCEEDS THE AUTHORITY OR CONDITIONS given by USING OR DEALING with the property IN ANY MANNER.
Any property:
ANYTHING whatsoever, whether tangible or intanginable, that is the PROPERTY OF ANY PERSON AND HAS VALUE.
With intent to deprive any owner permanently of that property:
DEPRIVE THE OWNER PERMANANTLY or DEAL WITH IT in a manner so that it CANNOT BE RESTORED TO ITS ORIGINAL CONDITION.
- OR -
With intent to deprive any owner permanantly of any interest in that property:
DEPRIVE THE OWNER PERMANANTLY of that part of the property in which they have an INTEREST.
After obtaining possession or control of that property in whatever manner:
OBTAINS POSSESSION or CONTROL of that property for HIMSELF/HERSELF OR ANY OTHER PERSON.
Dishonest taking OR dishonest using a vehicle:
Dishonesty:
WITHOUT A BELIEF that there was CONSENT or AUTHORITY from the OWNER.
Without claim of right:
NO BELIEF that the act was LAWFUL.
But not so as to be guilty of theft:
UNABLE TO PROVE AND INTENTION TO PERMANENTLY DEPRIVE THE OWNER.
Takes:
Physically TAKES OR MOVES the property with no authority whatsoever.
- OR -
Uses:
GAINS POSSESSION OR CONTROL of the property, but then EXCEEDS AUTHORITY OR CONDITIONS given by the OWNER by USING it in any manner.
For any person’s purpose:
For their OWN or ANOTHER PERSON’S purposes.
Any:
vehicle OR ship OR aircraft OR any part of any vehicle, ship or aircaft OR any horse.
Burglary (enters):
Enters:
ENTRY IS COMPLETE as soon as ANY PART OF THE BODY OF THE PERSON or INSTRUMENT USED BY THE PERSON IS WITHIN the building or ship.
Any Building:
ANY BUILDING OR STRUCTURE of any discription, whether PERMANANT OR TEMPORARY; and includes a tent, caravan, or houseboat; and also includes any enclosed yard or any closed cave or closed tunnel. OR any ship.
- OR -
Any part of any building:
ANY BUILDING OR STRUCTURE of any discription, whether PERMANANT OR TEMPORARY; and includes a tent, caravan, or houseboat; and also includes any enclosed yard or any closed cave or closed tunnel. OR any part of any ship.
Without authority:
AN ABSENCE OF AUTHORITY, either expressed or implied, from A PERSON LEGALLY ABLE TO GIVE CONSENT.
With the intent to commit an imprisonable offence in the building OR ship:
There must be an INTENTION TO COMMIT AN IMPRISONABLE OFFENCE IN THE BUILDING OR SHIP.
Burglary (having entered):
Having entered:
IS PHYSICALLY INSIDE the building or ship.
Any Building:
ANY BUILDING OR STRUCTURE of any discription, whether PERMANANT OR TEMPORARY; and includes a tent, caravan, or houseboat; and also includes any enclosed yard or any closed cave or closed tunnel. OR any ship.
Remains without authority:
REMAINS WHEN CONSENT TO BE WITHIN the building or ship NO LONGER APPLIES.
With the intent to commit an imprisonable offence in the building OR ship:
There must be an INTENTION TO COMMIT AN IMPRISONABLE OFFENCE IN THE BUILDING OR SHIP.
Dishonest taking OR dishonest obtaining a document:
Dishonesty:
WITHOUT A BELIEF that there was CONSENT or AUTHORITY from the OWNER.
Without claim of right:
NO BELIEF that the act was LAWFUL.
Takes:
Physically TAKES OR MOVES with no authority whatsoever.
- OR -
Obtains:
PHYSICALLY TRANSFERS into a person’s POSSESSION, with or without authority.
Any document:
Something that conveys infomation or serves as a record.
With intent to obtain:
An intention to OBTAIN or RETAIN for HIMSELF OR HERSELF or ANY OTHER PERSON.
Property:
ANYTHING WHATSOEVER, whether tangible or intangible, that is the PROPERTY OF ANOTHER PERSON AND HAS VALUE.
- OR -
Service:
NON-TANGIBLE ASSISTANCE provided by another.
- OR -
Precuniary advantage:
AN ECONOMIC ADVANTAGE such as money or goods.
- OR -
Valuable consideration:
A COMPENSATION OR FEE.
Dishonestly Uses or Attempts to Use a Document:
Dishonesty:
WITHOUT A BELIEF that there was CONSENT or AUTHORITY from the OWNER.
Without claim of right:
NO BELIEF that the act was LAWFUL.
Uses: PHYSICALLY USES the document. - OR - Attempts to use: PHYSICALLY ATTEMPTS to use the document.
Any document:
Something that conveys information or serves as a record.
With intent to obtain:
An intention to OBTAIN or RETAIN for HIMSELF OR HERSELF or ANY OTHER PERSON.
Property:
ANYTHING WHATSOEVER, whether tangible or intangible, that is the PROPERTY OF ANOTHER PERSON AND HAS VALUE.
- OR -
Service:
NON-TANGIBLE ASSISTANCE provided by another.
- OR -
Precuniary advantage:
AN ECONOMIC ADVANTAGE such as money or goods.
- OR -
Valuable consideration:
A COMPENSATION OR FEE.
Robbery:
Theft:
THEFT IS COMPLETE WHEN… (identify as appropriate).
Accompanied by violence:
ACTUAL VIOLENCE IMMEDIATELY BEFORE OR AT THE TIME OF THE THEFT.
- OR -
Accompanied by theats of violence:
THREAT OF VIOLENCE BEFORE OR AT THE TIME OF THE THEFT, DEMONSTRATED BY CONDUCT OR WORDS.
To any person:
Means either THE PERSON ROBBED OR ANY OTHER PERSON.
- OR -
To any property:
ANY PROPERTY WHATSOEVER, whether belonging to the person robbed or any other person.
Used to extort the property stolen:
THE VIOLENCE OR THREATS used by the offender are SUFFICIENT TO CAUSE the person to HAND OVER the property AGAINST THEIR WILL.
- OR -
To prevent or overcome resistance to the property being stolen:
The property is TAKEN by the offender AFTER ANY RESISTANCE to its taking has been PREVENTED OR OVERCOME.
Receiving:
Receives:
EITHER EXCLUSIVELY OR JOINTLY with the THIEF OR ANY OTHER PERSON has POSSESSION OR CONTROL OVER ANYTHING UNLAWFULLY OBTAINED or HELPS in its CONCEALMENT OR DISPOSAL.
Any property stolen:
ANYTHING WHATSOEVER, whether tangible or intangible, that is the PROPERTY OF ANY PERSON, HAS VALUE AND HAS BEEN STOLEN.
- OR -
Any property obtained by any other imprisonable offence:
ANYTHING WHATSOEVER, whether tangible or intangible, that is the PROPERTY OF ANY PERSON, HAS VALUE and HAS BEEN OBTAINED BY AN IMPRISONABLE OFFENCE OTHER THAN THEFT.
Knowing that property to have been stolen or obtained:
BELIEVING AT THE TIME OF RECEIVING that the property had been STOLEN or OBTAINED by any other imprisonable offence.
- OR -
Being reckless as to whether the property had been stolen or so obtained:
RECEIVES THE PROPERTY, despite the person CONSCIOUSLY TAKING an UNREASONABLE RISK that the property might be STOLEN or OBTAINED by any other imprisonable offence.
Offensive behaviour OR disorderly behaviour:
In a public place:
A PLACE THAT, AT ANY MATERIAL TIME, IS OPEN TO OR IS BEING USED BY THE PUBLIC, WHETHER FREE OR ON PAYMENT OF A CHARGE, AND WHETHER ANY OWNER OR OCCUPIER OF THE PLACE IS LAWFULLY ENTITLED TO EXCLUDE OR EJCT ANY PERSON FROM THAT PLACE; AND INCLUDES AIRCRAFT, HOVERCRAFT, SHIP OR FERRY OR OTHER VESSEL, TRAIN, OR OTHER VEHICLE CARRYING OR AVAILABLE TO CARRY PASSENGERS FOR REWARD. ALSO INCLUDES THE INTERIOR OF ANY VEHICLE WHICH IS IN A PUBLIC PLACE.
- OR -
Within view of a public place:
WITHIN VIEW OF A PLACE THAT, AT ANY MATERIAL TIME, IS OPEN TO OR IS BEING USED BY THE PUBLIC, WHETHER FREE OR ON PAYMENT OF A CHARGE, AND WHETHER ANY OWNER OR OCCUPIER OF THE PLACE IS LAWFULLY ENTITLED TO EXCLUDE OR EJCT ANY PERSON FROM THAT PLACE; AND INCLUDES AIRCRAFT, HOVERCRAFT, SHIP OR FERRY OR OTHER VESSEL, TRAIN, OR OTHER VEHICLE CARRYING OR AVAILABLE TO CARRY PASSENGERS FOR REWARD. ALSO INCLUDES THE INTERIOR OF ANY VEHICLE WHICH IS IN A PUBLIC PLACE.
Behaves in an offensive manner:
Behaves in a manner arousing feelings of ANGER, RESENTMENT OR DISGUST that causes a DISTURBANCE TO PUBLIC ORDER.
- OR -
Behaves in a disorderly manner:
Behaves in a SERIOUSLY DISRUPTIVE manner that causes a DISTURBANCE TO PUBLIC ORDER.
Resisting Police:
Resists:
Uses SOME DEGREE OF FORCE by the offender.
- OR -
Incites or encourages any other person to resist:
URGE OR PERSUADE ANY OTHER PERSON to USE SOME DEGREE OF FORCE.
Any constable or authorised officer or prison officer or traffic officer acting in the execution of their duty:
The person must have been LAWFULLY EXERCISING THEIR POWERS.
Intentionally Obstructs Police:
Intentionally obstructs:
DELIBERATELY MAKING IT MORE DIFFICULT for a person TO CARRY OUT THEIR DUTIES.
- OR -
Incites or encourages any other person to obstruct:
URGE OR PERSUADE ANY OTHER PERSON to MAKE IT MORE DIFFICULT for the person TO CARRY OUT THEIR DUTIES.
Any constable or authorised officer or prison officer or traffic officer acting in the execution of their duty:
The person must have been LAWFULLY EXERCISING THEIR POWERS.
