Criminal Liabilities - Discussions Flashcards

0
Q

Damages - D

A

TEMPORARY or PERMANENT REDUCTION in the VALUE and/or USEFULNESS of the property.

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1
Q

Intentionally - D

A

A DELIBERATE OR RECKLESS ACT (where possible consequences are foreseen but continues the act regardless of the risk) WITHOUT LAWFUL JUSTIFICATION, EXCUSE, OR CLAIM OF RIGHT.

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2
Q

Property - D

A

Something that BELONGS TO ANOTHER PERSON and is CAPABLE OF BEING DAMAGED.

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3
Q

Sets fire to - D

A

DAMAGES through use of FIRE.

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4
Q

Dishonestly - D

A

WITHOUT A BELIEF that there was CONSENT or AUTHORITY from the OWNER.

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5
Q

Without claim of right - D

A

NO BELIEF that the act was LAWFUL.

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6
Q

Takes - D

A

Physically TAKES OR MOVES the property with no authority whatsoever.

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7
Q

Any property - D

A

ANYTHING whatsoever, whether tangible or intangible, that is the PROPERTY OF ANY PERSON AND HAS VALUE.

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8
Q

With intent to deprive any owner permanently of that property - D

A

DEPRIVE THE OWNER PERMANENTLY OR DEAL WITH IT in a manner so that it CANNOT BE RESTORED TO ITS ORIGINAL CONDITION.

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9
Q

With intent to deprive any owner permanently of any interest in that property - D

A

DEPRIVE THE OWNER PERMANENTLY of that part of the property in which they have an INTEREST.

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10
Q

Uses or deals with - D

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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11
Q

After obtaining possession or control of that property in whatever manner - D

A

OBTAINS POSSESSION or CONTROL of that property for HIMSELF/HERSELF OR ANY OTHER PERSON.

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12
Q

Having anything with him or her in circumstances that prima facie show an intention to use it as a weapon - D

A

AN OBJECT OF SOME SORT, whether animate 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.

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13
Q

Assaults - D

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 EFFECT THEIR PURPOSE.

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14
Q

Another person - D

A

It has to be ANOTHER PERSON other than the offender.

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15
Q

Using anything as a weapon - D

A

AN OBJECT OF SOME SORT, whether animate or inanimate, must be USED AS A WEAPON.

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16
Q

Enters - D

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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17
Q

Any building - D

A

ANY BUILDING or STRUCTURE of any description, whether PERMANENT or TEMPORARY; and includes a tent, caravan, or houseboat; and also includes any enclosed yard or any closed cave or closed tunnel.

18
Q

Any ship - D

A

Any vessel used in navigation, however propelled.

19
Q

Any part of any building - D

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 enclosed yard or any closed cave or closed tunnel.

20
Q

Any part of any ship - D

A

Part of any vessel used in navigation, however propelled.

21
Q

Without authority - D

A

AN ABSENCE OF AUTHORITY, either expressed or implied, from A PERSON LEGALLY ABLE TO GIVE CONSENT.

22
Q

With intent to commit an imprisonable offence in the building OR ship - D

A

There must be an INTENTION TO COMMIT AN IMPRISONABLE OFFENCE IN THE BUILDING OR SHIP.

23
Q

Having entered - D

A

IS PHYSICALLY INSIDE the building or ship.

24
Q

Remains without authority - D

A

REMAINS WHEN CONSENT TO BE WITHIN the building or ship NO LONGER APPLIES.

25
Q

Any tree or vegetation - D

A

Any GROWING PLANT.

26
Q

Theft - D

A

THEFT IS COMPLETE WHEN…

27
Q

Accompanied by violence - D

A

ACTUAL VIOLENCE IMMEDIATELY BEFORE OR AT THE TIME OF THEFT.

28
Q

Accompanied by threats of violence - D

A

THREAT OF VIOLENCE BEFORE OR AT THE TIME OF THE THEFT, DEMONSTRATED BY CONDUCT OR WORDS.

29
Q

To any person - D

A

Means either THE PERSON ROBBED OR ANY OTHER PERSON.

30
Q

To any property - D

A

ANY PROPERTY WHATSOEVER whether belonging to the person robbed or any other person.

31
Q

Used to extort the property stolen - D

A

THE VIOLENCE OR THREATS used by the offender are SUFFICIENT TO CAUSE the person to HAND OVER the property AGAINST THEIR WILL.

32
Q

To prevent or overcome resistance to the property being stolen - D

A

The property is TAKEN by the offender AFTER ANY RESISTANCE to its taking has been PREVENTED OR OVERCOME.

33
Q

But not so as to be guilty of theft - D

A

UNABLE TO PROVE AN INTENTION TO PERMANENTLY DEPRIVE THE OWNER.

34
Q

Uses - D

A

GAINS POSSESSION OR CONTROL of the property, but then EXCEEDS AUTHORITY OR CONDITIONS given by the OWNER by USING it in any manner.

35
Q

For any person’s purpose - D

A

For their OWN or ANOTHER PERSON’S purpose.

36
Q

Any vehicle - D

A

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

37
Q

Any aircraft - D

A

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

38
Q

Any part of any vehicle, ship or aircraft - D

A

Any part removed from…

39
Q

Any horse - D

A

Any type of horse.

40
Q

Receives - D

A

EITHER EXCLUSIVELY OR JOINTLY with the THIEF OR ANY OTHER PERSON has POSSESSION OR CONTROL OVER ANYTHING UNLAWFULLY OBTAINED or HELPS in its CONCEALMENT OR DISPOSAL.

41
Q

Any property stolen - D

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.

42
Q

Knowing that property to have been stolen or so obtained - D

A

BELIEVING AT THE TIME OF RECEIVING that the property had been STOLEN or OBTAINED by any another imprisonable offence.

43
Q

Being reckless as to whether the property had been stolen or so obtained - D

A

RECEIVES THE PROPERTY, despite the person CONSCIOUSLY TAKING an UNREASONABLE RISK that the property might be STOLEN or OBTAINED by any other imprisonable offence.