CRIMINAL LIABILITIES Flashcards
Learn Criminal Liabilities and their definitions.
What are the ingredients of Intentional Damage?
Intentionally / Damages / Property OR Intentionally / Sets Fire To / Any Tree or Vegetation.
In the context of Intentional Damage, what is the definition of ‘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.
In the context of Intentional Damage, what is the definition of ‘Damages”?
Temporary or permanent reduction in the value or usefulness of the property.
In the context of Intentional Damage, what is the definition of “Property”?
Something that belongs to another person and is capable of being damaged.
In the context of Intentional Damage, what is the definition of “sets fire to”?
Damages through use of fire.
In the context of Intentional Damage, what is the definition of “any tree or vegetation”?
Any growing plant.
What are the ingredients of Assault?
Assaults / Another person.
In the context of Assault, what is the definition of “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 affect their purpose.
In the context of Assault, what is the definition of “Another Person”?
It has to be another person other than the offender.
What are the ingredients of Assault with a Weapon?
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.
In the context of Assault with a Weapon, what is the definition of “using anything as a weapon”?
An object of some sort, whether animate or inanimate, must be used as a weapon.
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”?
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.
What are the ingredients of Theft (by taking)?
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.
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”?
Anything whatsoever, whether tangible or intangible, that is the property of any person and has value.
In the context of Theft, what is the definition of “With an intent to deprive any owner permanently of that property”?
Deprive the owner permanently OR deal with it in a manner so that it cannot be restored to it’s original condition.
In the context of Theft, what is the definition of “with an intent to deprive any owner permanently of any interest in that property”?
Deprive the owner permanently of that part of the property in which they have an interest.
What are the ingredients of Theft (by using or dealing)?
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.
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”?
Without a belief there was consent or authority from the owner.
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”?
No belief that the act was lawful.
In the context of Theft (by using or dealing) what is the definition of “uses or deals with”?
Has possession or control of the property and exceeds the authority or conditions given by using or dealing with the property in any manner.
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”?
Physically takes OR moves the property with no authority whatsoever.
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”?
Obtains possession or control of that property for himself/herself or any other person.
What are the ingredients of dishonestly taking OR dishonestly using a vehicle?
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.
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”?
Unable to prove an intention to permanently deprive the owner.
In the context of dishonestly taking or dishonestly using a vehicle, what is the definition of “uses”?
Gains possession or control of the property, but then exceeds authority or conditions given by the owner by using it in any manner.
In the context of dishonestly taking or dishonestly using a vehicle, what is the definition of “for any person’s purposes”?
For their own or another person’s purposes.
In the context of dishonestly taking or dishonestly using a vehicle, what is the definition of “any vehicle”?
A contrivance equipped with wheels, tracks or revolving runners on which it moves or is moved.
In the context of dishonestly taking or dishonestly using a vehicle, what is the definition of “any ship”?
Any vessel used in navigation, however propelled.
In the context of dishonestly taking or dishonestly using a vehicle, what is the definition of “any aircraft”?
Any machine that can derive support in the atmosphere from the reaction of air.
In the context of dishonestly taking or dishonestly using a vehicle, what is the definition of “any part of any vehicle, ship or aircraft”?
Any part removed from a vehicle, ship or aircraft.
In the context of dishonestly taking or dishonestly using a vehicle, what is the definition of “any horse”?
Any type of horse.
What are the ingredients of burglary (enters)?
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.
In the context of burglary (enters), what is the definition of “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.
In the context of burglary (enters), what is the definition of “any building”?
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.
In the context of burglary (enters), what is the definition of “any ship”?
Any vessel used in navigation, however propelled.
In the context of burglary (enters), what is the definition of “any part of any building”?
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.
In the context of burglary (enters), what is the definition of “any part of any ship”?
Part of any vessel used in navigation, however propelled.
In the context of burglary (enters), what is the definition of “without authority”?
An absence of authority, either expressed or implied, from a person legally able to give consent.