Crimes Act, Summary Offences Act and Misuse of Drugs Act offences Flashcards
What are the elements of willful damage?
What are the definitions of ‘intentionally’, ‘damages’ and ‘property’?
Elements
- Intentionally
- Damages (or sets fire to any tree of vegetation)
- Property
Definitions
Intentionally - a deliberate act, without lawful justification, excuse or claim of right.
Damages - temporary or permanent loss of value or usefulness.
Property - something that belongs to another person, either tangible or intangible, and has a value and is capable of being damaged.
What are the elements of assault?
What is the definition of assault?
Elements
- Assault
- Any other person
Definition
Assault - the act of intentionally applying or attempting to apply force, directly or indirectly, to another person.
and/or
threatening by any act or gesture, to apply such force to the other person, if the person making the threat has, or causes the other person, to believe on reasonable grounds that he has the present ability to effect his purpose.
What are the elements of theft?
Define: uses or deals.
Define: any interest in
Elements
- Dishonestly
- Without claim of right
- Takes, uses or deals
- Any property
- Intending to permanently deprive the owner of that property or intending to permanently deprve any owner of an interest in that property
Uses or deals - refers to having been given authority to possess something with conditions
Any interest in - refers to joint ownership of property
What are the elements of Burglary?
Define: enters
What does “remaining without authority refer to”?
Elements
- Enters
- Without authority or having entered, remains without authority
- any building or ship, or part of any building or ship
- intending to commit any offence punishable by imprisonment
Definition
Enters - any part of the offender’s body or any part of any instrument used by the offender or by using any threat or artiface
Remaining without authority refers to having had authority to enter, remains in the building or ship after the authority has expired or been revoked.
What makes a burglary an aggravated burglary?
While committing burglary has a weapon or uses anything as a weapon.
and
Having committed burglary, has a weapon or uses anything as a weapon while still in the building.
What are the elements of Receiving?
What does receiving include?
Elements
- Receives
- Any stolen property or property obtained by any other imprisonable offence knowing it to have been so obtained OR any stolen property or property obtained by any other imprisonable offence reckless as to it having been so obtained
Receiving includes the exclusive or joint possession, control over the property with any other person or by helping in concealing or disposing of the property.
What are the elements of robbery?
What is aggravated robbery?
Elements
- Theft
- Accompanied by violence or threat of violence
- To any other person or property
- Used to extort the property OR overcome any resistance to it being stolen
Aggravated Robbery
- immediately before or after causes or threatens GBH
- 2 or more people
- armed with an offensive weapon or instrument or anything appearing as such
What are the elements of unlawfully taking a vehicle?
What are the two scenarios in which a vehicle can be unlawfully obtained?
Elements
- Dishonestly
- Without claim of right
- Takes or uses
- Any vehicle, ship or aircraft or part of any vehicle, ship or boat
- For his/hers own purpose or the purpose of another
The two scenarios are that a vehicle is taken with no authority at all OR that authority is given with conditions (like bring it back by 5pm) and those conditions expire or are revoked.
What are the elements of unlawfully getting into a vehicle?
Elements
- Dishonestly
- Without claim of right
- Gets in to (or upon)
- Any vehicle, ship, aircraft of part of any vehicle, ship or aircraft
What are the elements of unlawfully interfering with a vehicle?
Do you need to prove intent?
Elements
- Dishonestly
- Without claim of right
- interferes with
- any vehicle, ship or aircraft or part of any vehicle, ship or aircraft
No need to prove intent
What are the elements of possession of instruments for conversion?
Elements
- Possesses
- Without lawful justification or excuse
- Any instrument capable of being used for taking or converting any vehicle, ship or aircraft
- intending to use the instrument for such purpose
What are the elements of fighting in a public place?
What is ‘fighting’?
Elements
- Fights
- In a public place
Fighting is two or more willing participants.
What are the elements of disorderly or offensive behaviour?
Elements
- in or within view of a public place
- behaves in a disorderly or offensive manner
What are the elements of disorderly behaviour likely to cause violence?
Elements
- in, within view of a public place
- incites or encourages any other person to behave
- in a riotous, offensive, insulting, threatening or disorderly manner
- that is likely to cause violence against persons or property to start or continue
What are the elements of resisting?
To resist there needs to be?
Elements
- resists or incites or encourages any other person to resist
- any constable, authorised officer or prison officer acting in the execution of their duties
To resist there needs to be a degree of force involved, such as pulling away, fighting, pushing, running.
What are the elements of obstruction?
Elements
- obstructs or incites or encourages any other person to obstruct
- a constable, authorised officer or prison officer in the execution of their duties
Obstruction is deliberately making it more difficult for an officer to execute their duties such as giving misinformation, getting in the way, intentionally delaying etc.
What are the elements of excreting in a public place?
Elements
- in, within view of a public place
- urinates or defecates anywhere than in a public toilet
What is a defence to excreting in a public place?
If the person reasonably believed that they would not be seen from the place.
What are the elements of a Section 3 Trespass?
Elements
- Trespasses
- On any place
- Having been warned by the lawful occupier to leave that place
- Refuses or neglects to leave
Define ‘trespass’.
On a place without authority
What is a ‘place’ in relation to a trespass offence?
Any physical place with an address
What must happen under either Section 3 or Section 4 of the TPA1980 before a person is considered to be wilfully trespassing?
They must be warned, either to leave (Section 3) or to stay off (Section 4).
Who can issue a warning to leave or stay off under the Trespass Act 1980?
The lawful occupier, who can be the owner, tenant or any employee or ‘agent’ of the lawful occupier
A person is deemed to have refused or neglected to leave after what?
Being given a reasonable time and opportunity to leave voluntarily.
Where does the power to arrest a trespasser come from?
Section 315(2)(a) or (b) Crimes Act 1961
What is a trespasser required to provide under Section 9 of the Trespass Act 1980?
- Name and place of abode
- firearms licence number if in possession of a firearm
If a person fails to provide their name, place of abode and/or firearms licence number under Section 9 of the Trespass Act 1980 under what enactment can they be arrested?
Section 9 of the Trespass Act 1980
But they must first be warned the failure to do so is an offence.
What are the elements of trespassing after being warned to stay off under Section 4 Trespass Act 1980?
Elements
- being a person warned under Section 4
- wilfully trespasses on that place
- within two years of the date of warning
How can a trespass notice be served?
- Verbally or in writing
- In-person or by registered post
As per the interpretation section of the Summary Offences Act 1981. What is a ‘public place’?
any place,
- that at any material time,
- is open to or is being used by the public,
- whether free of on payment of charge, and
- whether any owner or occupier of the place is lawfully entitled to exclude or eject any person from that place.
It includes aircraft, ships, trains, or vehicles carrying passengers, or available to, for reward.
Is a bus that is out of service and returning to the depot a public place?
Yes. The bus may not be open to the public for service however, it is on a public road and therefore a public place.
Is a bus that is out of service and parked up in the depot a public place?
No. The bus is not available to the public for service and it is parked on private property.
Is a taxi carrying fee paying passengers but parked up a private driveway a public place?
Yes. It is a vehicle that is carrying passengers for reward even though it is parked on private property at the time.
Is the interior of a private car a public place when driving down the street?
Yes. It is a vehicle on a public place, being a road.
In regards to wilful damage, the term ‘property’ infers?
Ownership and being capable of being damaged
In terms of theft ‘property’ means?
Ownership and value
What is the Doctrine of Recent Possession?
Property that is known to be recently found in the possession of a person who is not the owner can be reasonably inferred to either be the thief of that property or the receiver of that property.
Name the elements of preparing to commit an imprisonable offence.
Elements
- Found
- In any public place
- Behaving in a manner from which it can be reasonably inferred the person is
- Preparing to commit an imprisonable offence
Name the three elements of conspiracy.
Elements
- Conspires
- With any person
- To commit any offence
What is the definition of attempt?
- intended to commit an offence
- did any act, or omitted any act, to achieve that end
Name the three requirements to an attempt.
- knowledge (mens rea)
- the act (actus reus)
- proximate
With regards to the three requirements for an attempt (men’s rea, actus reus and proximate) what do these mean?
- mens rea - more than an ‘intent’ to commit it must be shown that the offender intended to complete the offence
- actus reus - they actually need to start the act of completing the offence
- proximate - close enough to completion that the offence is recognisable
Name the three aspects of ‘proximate’ in regards to attempts.
- antepenultimate - an early preparatory act - buying the cyanide
- penultimate - a preparatory act but near enough to the final act - taking out the cyanide bottle
- ultimate - the final act required - putting cyanide in a drink
What is meant by physically or factually impossible?
- Physically or factually impossible - attempting to steal but property attempting to be stolen does not exist.
What does section 72 and 311 of the CA1961 signal to the court?
Section 72 - indicates that the offence is an attempt
Section 311 - indicates the sentencing provisions that apply
Define - indecent.
Not conforming to generally accepted standards of behaviour.
Outline the progression of indecency offences.
Offensive behaviour - simulation
Indecent exposure - flashing
Indecent act in a public place - an act but not necessarily directed at a specific person
Indecent act with intent to insult or offend - an act directed at a specific person or group of persons
Indecent assault
What are the elements of offensive behaviour?
Elements
- In, within view, of any public place
- Behaves
- In an offensive manner
What are the elements of indecent exposure?
Elements
- In, within view, of any public place
- Intentionally and obscenely exposes
- any parts of his/hers genitals
What are the elements of an indecent act in a public place?
Elements
- Willfully does
- any indecent act
- in any place to which public have or are permitted to have access OR within view of any such place (CA1961 way of saying public place)
This could be an indecent act that is not specifically targetted at a person.
What are the elements of an indecent act with an intent to offend or insult?
Elements
- With intent to offend or insult
- Any person
- Does any indecent act
- In any place
This is a directed act towards a person or persons.
What are the elements of indecent assault?
Elements
- Indecently assaults
- Another person
This specifies that the assault (direct or indirect application of force) was specifically targetted at particular parts of the body, bearing in mind the definition of ‘indecent’ - not conforming to generally accepted standards of behaviour)
Consent is?
A person’s conscious and voluntary agreement to something desired or proposed by another
What are the elements of possession of a controlled drug?
Elements
- Procures OR possesses OR consumes OR smokes OR otherwise uses
- Any controlled drug
To prove an offence of possesion of a controlled drug, what are the three key things that need to be established?
- Possession
- Knowledge
- Useable quantity
What are the elements of cultivation of a prohibited plant?
Elements
- Cultivates
- Any prohibited plant
In terms of cultivating, what needs to be established to prove the offence?
That the person was involved in the germination, sowing or raising of the plant.
What are the elements of permitting the use of vehicles or premises?
Elements
- Knowingly permits
- Any vehicle OR any premises OR other mode of conveyance
- To be used for the purpose of the commission of an offence against the Misuse of Drugs Act 1975
In terms of the word ‘permits’ when considering a permitting to use offence under the MDA1975, what must this imply?
That the person who ‘permits’ the premises, vehicle or other conveyance had the authority to act over that premises, vehicle or conveyance.
What are the elements of possession of instruments (bongs/pipes etc)?
Elements
- Has in his possession
- Any pipe OR any utensil
- For the purpose of the commission of an offence against the MDA1975
What are the elements of possession of instruments (needles and syringes)?
Elements
- Has in his possession
- Any needle OR any syringe
- For the purpose of the commission of an offence against the MDA1975.
What is the presumptive amount for supply of:
- Methamphetamine
- Cocaine and heroin
- Cannabis (leaf)
- Cannabis joints
- MDMA
- Methamphetamine - 5g
- Cocaine and heroin - .5g
- Cannabis - 28g
- Joints - 100
- MDMA - 5g
What are the elements of dealing with controlled drugs?
Elements
No person shall:
- Import, export, produce or manufacture OR sell, supply or administer to any person OR have in their possession with intent to supply or administer
- Any controlled drug
The presumptive amount for supply is in itself, insufficient to demonstrate that someone is actually dealing. Supply = presumptive amount + ????????
Anything else that may suggest dealing:
- scales
- point bags
- tick list
- large amounts of cash
- multiple phones
There are two different offences for the possession of a knife, offensive weapon or disabling substance under s202A CA1961. These differ in what way?
s202A(4)(a) - in a PUBLIC place
s202A(4)(a) - in ANY place
What are the elements of possession of a knife, offensive weapon or disabling substance in a public place (s202A(4)(a) CA1961)?
Elements
- without lawful authority or reasonable excuse
- has with him/her
- In any public place
- Any knife OR any offensive weapon OR any disabling substance
An offensive weapon includes?
- any article MADE for causing bodily injury
- any article ALTERED for causing bodily injury
- any article INTENDED for causing bodily injury
With regards to s202A(4)(a) CA1961, “has with him…” means?
In his possession or immediate control.
This allows for the weapon just being in the person’s vicinity provided that they have immediate control of it. For example, a vehicle, under a bed, in a backpack.
What are the elements of possession of a knife or offensive weapon in any place (s202A(4)(b) CA1961)?
Elements
- Has in his/hers possession
- In any place
- Any offensive weapon 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
With regards to s202A(4)(b) CA1961 - Possession of an offensive weapon in any place - a prima facie intention shows that on the face of it, they are going to…?
deliberately going to use it to commit an offence involving bodily injury, or the threat or fear of violence.
