Crimes Act 1961 Flashcards
Crimes Act 1961 Section 39
CA 1961 s.39 - Use of force used in detention or arrest
Crimes Act 1961 Section 40
CA 1961 s.40 - Use of force in the prevention of escape or rescue
Crimes Act 1961 Section 41
CA 1961 s.41 - Use of force in preventing Suicide, or immediate and serious injury to person or property
Crimes Act 1961 Section 42
CA 1961 s.42 - Use of force & lawful arrest/detainment, in the prevention of breach of the peace
Crimes Act 1961 Section 48
CA 1961 s.48 - Use of force in defence of self or another
Crimes Act 1961 Section 62
CA 1961 s.62 - Excess force used
Crimes Act 1961 Section 315(2)(a) - Power of Arrest
CA 1961 s.315(2)(a) - Power of Arrest
- Finds
- Disturbing the public peace
OR - Committing any offence punishable by imprisonment
Crimes Act 1961 Section 315(2)(b) - Power of Arrest
CA 1961 s.315(2)(b) - Power of Arrest
- Has good cause to suspect
- Of having committed a breach of the peace
OR
- Any offence punishable by imprisonment
Crimes Act 1961 Section 316
CA 1961 s.316
Duty of persons arresting
Crimes Act 1961 Section 196 - Common Assault
CA 1961 s.196 - Common Assault - 1y
- Assaults
- Another person
Crimes Act 1961 Section 202C(1)(a) or 202C(1)(b) - Assault with a weapon
CA 1961 s.202C(1)(a) / 202C(1)(b) - Assault with a weapon - 5y
- Assaults
- Another person
- Using anything as a weapon
OR
- Having anything with them in circumstances of prima facie show an intention to use it as a weapon
Crimes Act 1961 Section 56
CA 1961 s.56
Use of force to prevent any person from trespassing on land or in building or to remove them therefrom
[Must not strike or do bodily harm]
Crimes Act 1961 Section 219(1)(a) - Theft
CA 1961 s.219(1)(a) - Theft - Depends on value of property
- Dishonestly
- Without claim of right
- Takes
- Any property
- With intent to deprive any owner permanently of that property
Crimes Act 1961 Section 231(1)(a) - Burglary
CA 1961 s.231(1)(a) - Burglary - 10y
- Enters
- Any building OR any ship OR any part of any building OR any part of any ship
- Without authority
- With intent to commit an imprisonable offence in the building OR ship
Crimes Act 1961 Section 231(1)(b) - Burglary
CA 1961 s.231(1)(b) - Burglary - 10y
- Having entered
- Any building OR any ship
- Remains without authority
- With intent to commit an imprisonable offence within that building OR ship
Crimes Act 1961 Section 232(1)(a) - Aggravated Burglary
CA 1961 s.232(1)(a) - Aggravated Burglary - 14y
- While committing a burglary
- Has a weapon with them
OR
- Uses anything as a weapon
Crimes Act 1961 Section 234 - Robbery
CA 1961 s.234 - Robbery - 10y
- Theft
- Accompanied by violence
OR
- Accompanied by threats of violence
- To any person
OR
- To any property
- Used to extort the property
OR
- To prevent or overcome resistance to the property being stolen
Crimes Act 1961 Section 235 - Aggravated Robbery
CA 1961 s.235 - Aggravated Robbery - 14y
- A person robs any other person
- And, at the time, before or after the robbery, causes grievous bodily harm to any person
OR
- Being together with any other person or persons
OR
- Armed with an offensive weapon or instrument
Crimes Act 1961 Section 189A - Strangulation or Suffocation
CA 1961 s.189A - Strangulation or Suffocation - 7y
Crimes Act 1961 Section 236 - Assault with intent to rob
CA 1961 s.236 - Assault with intent to rob - 14y
- Causes GBH to that person or any other person
- Being armed with offensive weapon / instrument assaults that person or any other person
- Being together with any other person or persons
Crimes Act 1961 Sections 246 & 247(a) or (b) or (c) - Receiving stolen property
CA 1961 s.246 & 247(a) or (b) or (c) - Receiving stolen property - Depends or value of property
- Receives
- Any property stolen
OR
- Any property obtained by any other imprisonable offence
- Knowing that property to have been stolen or so obtained
OR
- Being reckless as to whether the property had been stolen or so obtained
Crimes Act 1961 Section 226(1) - Unlawful Takes / Unlawful Uses
CA 1961 s.226(1) - Unlawful Takes / Unlawful Uses - 7y
- Dishonestly
- Without claim of right
- But not so as to be guilty of theft
- Takes / Uses
- For any person’s purpose
- Any Vehicle OR Any Ship OR Any Aircraft OR Any part… OR Any horse
Crimes Act 1961 Section 226(2) - Unlawful Interferes with / Gets into OR upon
CA 1961 s.226(2) - Unlawful Interferes with / Gets into OR upon - 2y
- Dishonestly
- Without claim of right
- Interferes with / Gets into OR Gets upon
- Any vehicle OR Any ship OR Any aircraft
Crimes Act 1961 Section 227 - Possession of instruments
CA 1961 s.227 - Possession of instruments - 1y
- Without lawful authority or excuse
- Has in their possession
- Any instrument capable of being used for taking or converting
- Any Vehicle OR Any Ship OR Any Aircraft
- With intent to use for such a purpose
Crimes Act 1961 Section 202A(4)(a) - Possession of Offensive Weapons or Disabling Substances (P/P)
CA 1961 s.202A(4)(a) - Possession of Offensive Weapons or Disabling Substances (P/P)
- W/out lawful authority or reasonable excuse
- Has with him or her
- In any public place
- Any knife
OR
- Any offensive weapon (Made, altered, intended)
OR
- Any disabling substance
Crimes Act 1961 Section 202A(4)(b) - Possession of Offensive Weapons or Disabling Substances (Any Place)
CA 1961 s.202A(4)(b) - Possession of Offensive Weapons or Disabling Substances (Any Place)
- Has in his or her possession
- In any place
- Any offensive weapon (Capable)
OR
- Any disabling substance
- In circumstances that prima facie show an intention to use it to commit an offence involving bodily injury or the threat or fear of violence
Crimes Act 1961 Section 125 - Indecent Act in Public place
CA 1961 s.125 - Indecent Act in Public Place
- Wilfully 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
Crimes Act 1961 Section 126 - Indecent Act with Intent to Insult or Offend
CA 1961 s.126 - Indecent Act with Intent to Insult or Offend
- With intent to insult or offend any person
- Does any indecent act
- In any place
Crimes Act 1961 Section 135 - Indecent Assault
CA 1961 s.135 - Indecent Assault
- Indecently
- Assaults
- Another Person
Crimes Act 1961 Section 128(1)(a) & (b) - Sexual Violation (Rape / Sexual Connection)
CA 1961 s.128(1)(a) - Sexual Violation by Rape
- A person who rapes another person
CA 1961 s.128(1)(b) - Sexual Violation by Unlawful Sexual Connection
- Any person having unlawful sexual connection with another person
Crimes Act 1961 Section 216G & 216H - Intimate Visual Recordings
CA 1961 s.216G - Definition
CA 1961 s.216H - Offence for everyone who intentionally or recklessly makes an intimate visual recording of another person
