Criminal Liabilities Flashcards
Assault - elements
Elements
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 they have the present ability to effect their purpose.
Another person - it has to be another person other than the offender
Assault with a weapon - elements
Elements
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 they have the present ability to effect their purpose.
Another person - it has to be another person other than the offender.
Using anything as a weapon - an object of some sort, whether animated or inanimate
OR
Having anything with him or her in circumstances that prima facie show an intention to use the weapon. - an object of some sort, whether animated or inanimate, must be either on the offender or reasonably available to them. The circumstances must be sufficient to show an intention to use the object as a weapon.
Wilful Damage - elements
Elements
Intentionally - A delibrate OR Reckless act, without lawful justification, excuse or claim of right.
Damages - Temporary Or permanent reduction in the value and/or usefulness of the property.
Property - Something that belongs to another person and is capable of being damages.
Theft
Crimes act 1961, section 219 (l)(a) & 223 (b) or 223 (c) or 223 (d)
Elements
Dishonestly - without a belief that there was consent or authority from the owner.
Without claim of right - no belief in a right to own or possess the property
Takes - physically takes or moves property with no authority
Any property - anything whatsoever whether tangible or intangible that is the property of any person and has value
With intent to permanently deprive owner of that property - deprive the owner permanently OR deal with it in a manner so that it cannot be restored to its original condition.
OR
With intent to permanently deprive any owner of any interest in that property. - deprive the owner permanently of that part of the property in which they have an interest.
Theft
Crimes act 1961, section 219 (l)(b) & 223 (b) or 223 (c) or 223 (d)
Elements
Dishonestly - without a belief that there was consent or authority from the owner.
Without claim of right - no belief in a right to own or possess the property
Uses or deals with - obtains possession or control of the property and exceeds the authority or conditions given by using or dealing with the property in any manner.
Any property - anything whatsoever whether tangible or intangible that is the property of any person and has value
With intent to permanently deprive owner of that property - deprive the owner permanently OR deal with it in a manner so that it cannot be restored to its original condition.
OR
With intent to permanently deprive any owner of any interest in that property. - deprive the owner permanently of that part of the property in which they have an interest.
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.
Conversion of vehicle - what are the elements
Elements
Dishonestly - without a belief there was consent or authority from the owner.
Without claim of right - no belief in a right to own or possess the property
But no so as to be guilty of theft - unable to prove an intention to permanently deprive the owner.
Takes - physically takes OR moves the property without authority
For any persons purpose - for their own or another persons purpose
Any vehicle - a contrivance equipped with wheels, tracks, or revolving runners on which it moves or is moved.
OR
Any ship
OR
Any aircraft
OR
Any part of any vehicle or ship or aircraft
OR
Any horse
Conversion of vehicle (interferes with)
Elements
Dishonestly - without a belief that there was consent or authority from the owner.
Without claim of right - no belief in a right to own or possess the property.
Interferes with - touches or deals with in any way.
Any vehicle - a contrivance equipped with wheels tracks or revolving runners on which it moves or is moved.
OR
Any ship
OR
Any aircraft
Burglary elements
Elements
Enters - entry is complete as soon as part of the body of the person or any part of any instrument used by that person is within the building or ship.
Any building - any building or structure or description, whether permanent or temporary, includes tent, caravan or houseboat and includes enclosed yard, closed cave or closed tunnel.
OR
Any ship
OR
Any part of a building - part of any
Building or structure or description, whether permanent or temporary, includes tent, caravan or houseboat and includes enclosed yard, closed cave or closed tunnel.
OR
Any part of a ship
Without authority - an absence of authority, either expressed or implied, from a person the defendant believes is legally able to give consent.
With intent to commit an imprisonable offence in the building OR ship. - there must be an intention to commit an imprisonable offence in the building or ship
Robbery - elements
Elements
Theft - theft is complete when (identify as appropriate)
Accompanied by threats of violence- actual violence before or at the time of the theft.
OR
Accompanied by threats of violence - threats of violence before or at the time of the theft, demonstrated by conduct or words.
To any person - means the person robbed or any other person.
OR
To any property - any property whatsoever whether belonging to the person robbed or any other person.
Used to extort the property stolen - the violence or threats used by the offender are sufficient to cause the person to hand over the property against their will.
OR
To prevent or overcome resistance to the property being stolen. - the property is taken by the offender after any resistance to its taking has been prevented or overcome.
Resisting police - elements
Intentionally obstructs - deliberately making it more difficult for a person to carry out their duties.
OR
Incites or encourages any other person to obstruct - urge or persuade any other person to make it more difficult for the person to carry out their duties.
Any constable, or AO or prison officer or traffic officer acting in execution of their duties - the person must have been lawfully exercising their powers
Possession of offensive weapons or disabling substances - elements
Elements
Without lawful authority or reasonable excuse - without a legal right or justification, authority or permission. No lawful, genuine or reasonable excuse.
Has with him or her - has in their possession.
In any public place - a place that, at any material time is open to or is being used by the public, whether free or 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, includes any mode of transport that can carry vehicle/passenger for reward. Includes the interior of any vehicle which is in a public place.
Any knife - any cutting blade
OR
Any offensive weapon - any article made altered or intended for causing bodily injury.
OR
Any disabling substance - a anesthetizing or other substance produced or intended for the purpose of disabling people.
Possession of Offensive Weapons or Disabling substances. Crimes act sect 202a 4b elements
Has in his or her possession - has in their possession.
In any place - any place at all. Public or private.
Any offensive weapon - any article capable of being used for causing bodily injury.
OR
Any disabling substance - anaesthetising or other substance produced or intended for the purpose of disabling persons.
In circumstances that prima facie show an intention to use it to commit an offence involving bodily injury or the threat of fear of violence.- actions by the offender show on the “face of it” that the person is internationally going to use it to commit an offence involving some form of bodily injury, or the threat or fear of violence
