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