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Police Studies > CRIMINAL LIABILITIES > Flashcards

CRIMINAL LIABILITIES Flashcards

Learn Criminal Liabilities and their definitions.

1
Q

What are the ingredients of Intentional Damage?

A

Intentionally / Damages / Property OR Intentionally / Sets Fire To / Any Tree or Vegetation.

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2
Q

In the context of Intentional Damage, what is the definition of ‘Intentionally”?

A

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.

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3
Q

In the context of Intentional Damage, what is the definition of ‘Damages”?

A

Temporary or permanent reduction in the value or usefulness of the property.

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4
Q

In the context of Intentional Damage, what is the definition of “Property”?

A

Something that belongs to another person and is capable of being damaged.

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5
Q

In the context of Intentional Damage, what is the definition of “sets fire to”?

A

Damages through use of fire.

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6
Q

In the context of Intentional Damage, what is the definition of “any tree or vegetation”?

A

Any growing plant.

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7
Q

What are the ingredients of Assault?

A

Assaults / Another person.

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8
Q

In the context of Assault, what is the definition of “Assaults”?

A

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 affect their purpose.

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9
Q

In the context of Assault, what is the definition of “Another Person”?

A

It has to be another person other than the offender.

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10
Q

What are the ingredients of Assault with a Weapon?

A

Assaults / Another Person / Using anything as a weapon OR having anything with him or her in circumstances that prima facie show an intention to use it as a weapon.

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11
Q

In the context of Assault with a Weapon, what is the definition of “using anything as a weapon”?

A

An object of some sort, whether animate or inanimate, must be used as a weapon.

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12
Q

In the context of Assault with a Weapon, what is the definition of “Having anything with him or her in circumstances that prima facie show an intention to use it as a weapon”?

A

An object of some sort, whether animate or inanimate, must either be on the offender or reasonably available to them. The circumstances must be sufficient to show an intention to use the object as a weapon.

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13
Q

What are the ingredients of Theft (by taking)?

A

Dishonestly / Without Claim of Right / Takes / Any Property / With an Intent to Deprive Any Owner Permanently of that Property OR With Intent to Deprive Any Owner Permanently of Any Interest in That Property.

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14
Q

In the context of Theft, dishonestly taking a document OR dishonestly obtaining a document OR dishonestly using or attempting to use a document, what is the definition of “Any Property”?

A

Anything whatsoever, whether tangible or intangible, that is the property of any person and has value.

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15
Q

In the context of Theft, what is the definition of “With an intent to deprive any owner permanently of that property”?

A

Deprive the owner permanently OR deal with it in a manner so that it cannot be restored to it’s original condition.

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16
Q

In the context of Theft, what is the definition of “with an intent to deprive any owner permanently of any interest in that property”?

A

Deprive the owner permanently of that part of the property in which they have an interest.

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17
Q

What are the ingredients of Theft (by using or dealing)?

A

Dishonestly / Without Claim of Right / Uses or Deals With / Any Property / With an intent to deprive any owner permanently of that property OR with intent to deprive any owner permanently of any interest in that property / After obtaining possession or control of that property in whatever manner.

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18
Q

In the context of theft, dishonest taking OR dishonest using a vehicle, and dishonestly taking a document OR dishonestly obtaining a document, and dishonestly uses or attempts to use a document, what is the definition of “dishonestly”?

A

Without a belief there was consent or authority from the owner.

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19
Q

In the context of theft, dishonest taking OR dishonest using a vehicle, and dishonestly taking a document OR dishonestly obtaining a document, and dishonestly uses or attempts to use a document, what is the definition of “without claim of right”?

A

No belief that the act was lawful.

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20
Q

In the context of Theft (by using or dealing) what is the definition of “uses or deals with”?

A

Has possession or control of the property and exceeds the authority or conditions given by using or dealing with the property in any manner.

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21
Q

In the context of theft, dishonestly taking or dishonestly using a vehicle, dishonestly taking OR obtaining a document, and dishonestly using or attempting to use a document, what is the definition of “takes”?

A

Physically takes OR moves the property with no authority whatsoever.

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22
Q

In the context of Theft (by using or dealing) what is the definition of “After obtaining possession or control of that property in whatever manner”?

A

Obtains possession or control of that property for himself/herself or any other person.

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23
Q

What are the ingredients of dishonestly taking OR dishonestly using a vehicle?

A

Dishonestly /
Without claim of right /
But not so as to be guilty of theft / takes OR uses /
For any person’s purposes /
Any vehicle OR any ship OR any aircraft OR any part of any vehicle, ship or aircraft OR any horse.

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24
Q

In the context of dishonest taking OR dishonest using a vehicle, what is the definition of “but not so as to be guilty of theft”?

A

Unable to prove an intention to permanently deprive the owner.

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25
Q

In the context of dishonestly taking or dishonestly using a vehicle, what is the definition of “uses”?

A

Gains possession or control of the property, but then exceeds authority or conditions given by the owner by using it in any manner.

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26
Q

In the context of dishonestly taking or dishonestly using a vehicle, what is the definition of “for any person’s purposes”?

A

For their own or another person’s purposes.

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27
Q

In the context of dishonestly taking or dishonestly using a vehicle, what is the definition of “any vehicle”?

A

A contrivance equipped with wheels, tracks or revolving runners on which it moves or is moved.

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28
Q

In the context of dishonestly taking or dishonestly using a vehicle, what is the definition of “any ship”?

A

Any vessel used in navigation, however propelled.

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29
Q

In the context of dishonestly taking or dishonestly using a vehicle, what is the definition of “any aircraft”?

A

Any machine that can derive support in the atmosphere from the reaction of air.

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30
Q

In the context of dishonestly taking or dishonestly using a vehicle, what is the definition of “any part of any vehicle, ship or aircraft”?

A

Any part removed from a vehicle, ship or aircraft.

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31
Q

In the context of dishonestly taking or dishonestly using a vehicle, what is the definition of “any horse”?

A

Any type of horse.

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32
Q

What are the ingredients of burglary (enters)?

A

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.

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33
Q

In the context of burglary (enters), what is the definition of “enters”?

A

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.

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34
Q

In the context of burglary (enters), what is the definition of “any building”?

A

Any building or structure of any description, whether permanent or temporary, and includes a tent, caravan, or houseboat, and also includes any yard or closed cave or closed tunnel.

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35
Q

In the context of burglary (enters), what is the definition of “any ship”?

A

Any vessel used in navigation, however propelled.

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36
Q

In the context of burglary (enters), what is the definition of “any part of any building”?

A

Part of any building or structure of any description, whether permanent or temporary, and includes a tent, caravan or houseboat, and also includes any yard or closed cave or closed tunnel.

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37
Q

In the context of burglary (enters), what is the definition of “any part of any ship”?

A

Part of any vessel used in navigation, however propelled.

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38
Q

In the context of burglary (enters), what is the definition of “without authority”?

A

An absence of authority, either expressed or implied, from a person legally able to give consent.

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39
Q

In the context of burglary (enters), what is the definition of “with an intent to commit an imprisonable offence in the building OR ship”

A

There must be an intention to commit an imprisonable offence in the building or ship.

40
Q

What are the ingredients of robbery?

A

Theft /
Accompanied by violence OR accompanied by threats of violence /
To any person OR to any property /
Used to extort the property stolen OR to prevent or overcome resistance to the property being stolen.

41
Q

In the context of robbery, what is the definition of theft?

A

Theft is complete when…. (identify as appropriate to scenario)

42
Q

In the context of robbery, what is the definition of “Accompanied by violence”?

A

Actual violence immediately before or at the time of the theft.

43
Q

In the context of robbery, what is the definition of “Accompanied by threats of violence?”

A

Threat of violence before or at the time of the theft, demonstrated by conduct or words.

44
Q

In the context of robbery, what is the definition of “to any person”?

A

Means either the person robbed or any other person (including the offender).

45
Q

In the context of robbery, what is the definition of “to any property?”

A

Any property whatsoever, whether belonging to the person robbed or any other person.

46
Q

In the context of robbery, what is the definition of “used to extort the property stolen”?

A

The violence or threats used by the offender are sufficient to cause the person to HAND OVER THE PROPERTY against their will.

47
Q

In the context of robbery, what is the definition of “to prevent or overcome resistance to the property being stolen”?

A

The property is TAKEN by the offender after any resistance to its taking has been prevented or overcome.

48
Q

What are the ingredients of Dishonestly Taking OR Dishonestly Obtaining a Document?

A 
Dishonestly/
Without Claim of Right/
Takes OR Obtains/
Any Document/
With Intent to Obtain/
Property OR Service OR Pecuniary Advantage OR Valuable Consideration.
49
Q

What are the ingredients of Dishonestly Uses or Attempts to Use a Document?

A 
Dishonestly/
Without Claim of Right/
Uses or Attempts to Use/
Any Document/
With Intent to Obtain/
Any Property OR Service OR Pecuniary Advantage OR Valuable Consideration.
50
Q

In the context of dishonestly obtaining a document, what is the definition of “Obtains”?

A

Physically transfers into a person’s possession, with or without authority.

51
Q

In the context of dishonestly obtaining a document, dishonestly taking a document or dishonestly using or attempting to use a document, what is the definition of “document”?

A

Something that conveys information and serves as a record.

52
Q

In the context of dishonestly obtaining a document, dishonestly taking a document or dishonestly using or attempting to use a document, what is the definition of “with intent to obtain”?

A

An intention to obtain or retain for himself or herself or any other person.

53
Q

In the context of dishonestly obtaining a document, dishonestly taking a document or dishonestly using or attempting to use a document, what is the definition of “service”?

A

Non-tangible assistance provided by another.

54
Q

In the context of dishonestly obtaining a document, dishonestly taking a document or dishonestly using or attempting to use a document, what is the definition of “Pecuniary Advantage”?

A

An economic advantage such as money or goods.

55
Q

In the context of dishonestly obtaining a document, dishonestly taking a document or dishonestly using or attempting to use a document, what is the definition of “Valuable Consideration”?

A

A compensation or fee.

56
Q

What are the ingredients of Fighting in a Public Place?

A

Fights/

In a public place.

57
Q

In the context of fighting in a public place, what is the definition of “fighting”?

A

Punching, striking, mauling, wrestling, etc between TWO OR MORE WILLING PARTICIPANTS.

58
Q

In the context of fighting in a public place, what is the definition of a “Public Place”?

A

A place that, at any material time, is open to or being used by the public, whether free or on payment of charge, and whether the owner or occupier of the place is lawfully entitled to exclude or eject any person from that place, and includes any vehicle, hovercraft, ship or ferry or other vessel, train or vehicle carrying or available to carry passengers for reward. Also includes the interior of any vehicle which is in a public place.

59
Q

What are the ingredients of Resisting Police?

A

Resists OR Incites or encourages any other person to resist/

Any constable, authorised officer, prison officer or traffic officer acting in the execution of their duty.

60
Q

What are the ingredients of Intentionally Obstructs Police?

A

Intentionally obstructs OR Incites or encourages any other person to obstruct/
Any constable or authorised officer or prison office or traffic officer acting in the execution of their duty.

61
Q

In the context of Resisting Police, what is the definition of Resists?

A

Uses some degree of force

62
Q

In the context of Resisting Police what is the definition of “incites or encourages any other person to resist?”

A

Urge or persuade any other person to use some degree of force

63
Q

In the context of intentionally obstructing police, what is the definition of “incites or encourages any other person to obstruct?”

A

Urge or persuade any other person to make it more difficult to carry out their duties

64
Q

In the context of resisting police and intentionally obstructing police, what is the definition of “any constable, authorised officer, prison officer or traffic officer acting in the lawful execution of their duty?”

A

Lawfully exercising their powers

65
Q

In the context of intentionally obstructing police, what is the definition of “intentionally obstructs”?

A

Deliberately making it more difficult to carry out their duties

66
Q

What are the ingredients of dishonestly getting into/upon a vehicle?

A

Dishonestly/
without claim of right/
gets into OR gets upon/
any vehicle OR any ship OR any aircraft

67
Q

What are the ingredients of dishonest interference with a vehicle?

A

Dishonestly/
without claim of right/
interferes with/
any vehicle OR any ship OR any aircraft

68
Q

What are the ingredients of possession of instruments?

A

Without lawful authority or excuse/
has in his possession/
any instrument capable of being used for taking or converting/any vehicle OR any ship OR any aircraft/
with intent to use it for such a purpose

69
Q

What are the ingredients of receiving?

A

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

70
Q

In the context of receiving, what is the definition of “receives”?

A

Either exclusively or jointly with the thief or any other person has possession or control over anything unlawfully obtained or helps in it’s concealment or disposal.

71
Q

In the context of receiving, what is the definition of “any property stolen”?

A

Anything whatsoever whether tangible or intangible that is the property of any person, has value and has been stolen.

72
Q

In the context of receiving, what is the definition of “any property obtained by any other imprisonable offence”?

A

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.

73
Q

In the context of receiving, what is the definition of “knowing that property to have been stolen or so obtained”?

A

Believing at the time of receiving that the property had been stolen or obtained by any other imprisonable offence.

74
Q

In the context of receiving, what is the definition of “being reckless as to whether the property had been stolen or so obtained”?

A

Receives the property, consciously taking an unreasonable risk the property might be stolen or obtained by any other imprisonable offence.

75
Q

In the context of dishonestly getting into a vehicle OR dishonestly getting upon a vehicle, what it is the definition of “gets into” OR “gets upon”

A

Physically gets into OR physically gets upon.

76
Q

In the context of dishonest interference with a vehicle, what is the definition of “interferes with”?

A

Touches or deals with in any way.

77
Q

In the context of possession of instruments, what is the definition of “without lawful authority or excuse”?

A

Without a legal right or justification, authority or permission. No lawful, genuine or reasonable excuse.

78
Q

In the context of possession of instruments, what is the definition of “has in his possession”?

A

In their possession OR under their immediate control

79
Q

In the context of possession of instruments, what is the definition of “any instrument capable of being used for taking or converting”?

A

Any object whatsoever that is capable of being used to take or convert

80
Q

In the context of possession of instruments, what is the definition of “with intent to use it for such a purpose”?

A

With an intention to use the instrument to take or convert.

81
Q

What are the ingredients of possession of an offensive weapon (PaM)?

A

Without lawful authority or reasonable excuse/
has with him/
in any public place/
any offensive weapon OR any disabling substance OR any knife.

82
Q

What are the ingredients of possession of an offensive weapon (AbC)?

A

Has in his 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 the threat or fear of violence.

83
Q

What are the ingredients of Disorderly Behaviour Likely to Cause Violence?

A

In a public place OR within view of a public place/
behaves in a OR incites any person to behave in a OR encourages any person to behave in a/
riotous manner OR offensive manner OR threatening manner OR insulting manner OR disorderly manner/
in circumstances that are likely to cause violence to persons or property to start or continue.

84
Q

When writing out a liability for Disorderly Behaviour Likely to Cause Violence, what are the key words that must be used in the discussion for “Behaves in a OR incites any person to behave in a OR encourages any person to behave in a”?

A

To act in a manner.

85
Q

What are the ingredients of Disorderly Behaviour OR Offensive Behaviour?

A

In a public place OR within view of a public place/

behaves in a disorderly manner OR behaves in an offensive manner

86
Q

What are the ingredients of Presenting Anything?

A

Except for some lawful and sufficient purpose/presents/at any other person/anything/in circumstances which lead the other person to believe it is a firearm.

87
Q

What are the ingredients 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.

88
Q

What are the ingredients of Possession of Controlled Drugs OR Use of Controlled Drugs?

A

Procure OR Possess OR Consume OR Smoke OR Otherwise Use/Any Controlled Drug.

89
Q

What are the ingredients of Carrying an Imitation Firearm?

A

Except for some lawful, proper and sufficient purpose/carries/an imitation firearm.

90
Q

What are the ingredients of Unlawful Carriage OR Possession of a Firearm OR Airgun OR Pistol OR Restricted Weapon OR Explosives?

A

Except for some lawful, proper and sufficient purpose/carries OR is in possession of/firearm OR airgun OR pistol OR restricted weapon OR explosives.

91
Q

What are the ingredients of Possession of Instruments?

A

Has in his possession/
any pipe OR any utensil OR any syringe OR any needle/
for the purpose of the commission of an offence against the Misuse of Drugs Act 1975.

92
Q

What are the ingredients of Permits Use of Premises OR Permits Use of Vehicle?

A

Knowingly permits/
any premises OR motor vehicle OR other mode of conveyance/
to be used for the purpose of the commission of an offence against the Misuse of Drugs Act 1975.

93
Q

What are the ingredients of cultivation of prohibited plants?

A

Cultivates/

A prohibited plant.

94
Q

What are the ingredients of discharging a firearm OR airgun OR pistol OR restricted weapon in or near a dwelling house OR public place?

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.

95
Q

In the context of intentionally obstructs police, what is the definition of “obstructs”?

A

Makes it substantially more difficult for a constable to carry out their duties.

95
Q

In relation to Disorderly Behaviour what is the definition for “behaves in a disorderly manner”?

A

Behaves in a seriously disruptive manner that causes disturbance to public order

96
Q

In relation to Offensive Behaviour what is the definition for “behaves in an offensive manner”?

A

Behaves in a manner arousing feelings of anger, resentment or disgust that causes disturbance to public order

Police Studies (27 decks)

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