Criminal Liabilities Flashcards
Wilful Damage - liability
INTENTIONALLY
- Deliberate or Reckless act
- without claim of right, excuse or legal justification
DAMAGES
- Temporary or permanent damage
- reduction in value or usefulness
PROPERTY
- belongs to another person
- can be damaged
Grafiti
Damages or defaces any building, structure, road, tree, property or other thing by….
Theft - liability
DISHONESTLY
- without belief - consent or authority from owner
WITHOUT CLAIM OF RIGHT
- no belief in a right to own or possess the property
TAKES
- physically moves
ANY PROPERTY
- Anything, property of another person that has value
WITH INTENT TO DEPRIVE ANY OWNER PERMANENTLY OF THAT PROPERTY
or
WITH INTENT TO DEPRIVE ANY OWNER PERMANENTLY OF ANY INTEREST IN THAT PROPERTY
Assault - liability
ASSAULTS
Act 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.
ANOTHER PERSON
It has to be another person other than the offender
Assault with a weapon - liability
ASSAULTS
Act 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.
ANOTHER PERSON
It has to be another person other than the offender
USING ANYTHING AS A WEAPON
OR
HAVING ANYTHING WITH HIM OR HER THAT IN CIRCUMSTANCES PRIMA FACIE SHOW AN INTENTION TO USE IT AS A WEAPON
Burglary - liability
ENTERS
entry is complete when any part of their body or instrument they are using enters the building
ANY BUILDING (etc)
WITHOUT AUTHORITY
without authority from a person the defendant believes is legally able to give consent
WITH INTENT TO COMMIT AN IMPRISONABLE OFFENCE IN THE BUILDING (etc)
there must be an intention to commit an imprisonable offence
What makes aggravated burglary
While committing burglary has a weapon on them or uses anything as a weapon.
Definition of Artifice
Entering using artifice means using cunning, skilled, artful in their technique of entering.
Robbery - liability
THEFT
theft is complete when…
ACCOMPANIED BY VIOLENCE
OR
ACCOMPANIED THREATS OF VIOLENCE
violence or threats used immediately before or at the time of the theft
TO ANY PERSON
OR
TO ANY PROPERTY
USED TO EXTORT THE PROPERTY STOLEN
the violence or threats 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
what makes aggravated robbery
Robbery where:
- Causes GBH when robbing
- Group of 2 or more robs
- Robs using a offensive weapon.
Unlawful takes vehicle - liability
DISHONESTLY
without a belief there was consent or authority from the owner.
WITHOUT CLAIM OF RIGHT
no belief in a right to own or posses the property.
BUT NOT SO AS THE BE GUILTY AS THEFT
unable to prove an intention to permanently deprive
TAKES
physically moves
FOR ANY PERSONS PURPOSE
their own purpose OR another persons purposes
ANY VEHICLE (etc)
Possession or control of stolen property elements
Awareness that the item is where it is
Awareness that the item has been stolen
Actual or potential control of the item AND
An intention to exercise that control over the item
Must be all of these.
Unlawful interferes with vehicle - liability
DISHONESTLY
without a belief there was consent or authority from the owner.
WITHOUT CLAIM OF RIGHT
no belief in a right to own or posses the property.
INTERFERES WITH
touches or deals with
ANY VEHICLE
Obstruction (resisting police) - liability
INTENTIONALLY OBSTRUCTS
OR
INCITES OR ENCOURAGES ANY OTHER PERSON TO OBSTRUCT
deliberately or urging any other person to make it more difficult to carry out their duty
ANY CONSTABLE OR AUTHORISED OFFICER OR PRISON OFFICER OR TRAFFIC OFFICER ACTING IN THE EXECUTION OF THEIR DUTY
lawfully exercising their duty
Possession of offensive weapons or disabling substances - liability
WITHOUT LAWFUL AUTHORITY OR REASONABLE EXCUSE
without legal right or justification, authority or permission.
HAS WITH HIM OR HER
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 a charge, and whether any owner or occupier of the place is lawfully entitled to exclude or eject any person from that place; and includes any aircraft, hovercraft, ship or ferry or other vessel, train or vehicle carrying or available to carry passengers for reward: includes the interior of any vehicle which is in a public place.
ANY KNIFE OR ANY OFFENSIVE WEAPON any article made to cause GBH, or any article altered to cause GBH or any articled intended to cause GBH OR ANY DISABLING SUBSTANCES any substance intended for the purpose of disabling people
