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CL - Ingredients > criminal_liabilities_20131118092051 > Flashcards

criminal_liabilities_20131118092051 Flashcards

1
Q

Ingredient 1

A

Intentionally

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2
Q

Damages

A

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

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3
Q

Property

A

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

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4
Q

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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5
Q

Sets fire to

A

Damages through use of fire.

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6
Q

Any tree or vegetation

A

Any growing plant.

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7
Q

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 effect their purpose.

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8
Q

Another person

A

It has to be ANOTHER PERSON other than the offender.

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9
Q

Assaults

A

Acts of intentionally applying force 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 a 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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10
Q

Another person

A

It has to be another person other than the offender.

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11
Q

Using anything as a weapon.

A

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

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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.

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

Dishonestly

A

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

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14
Q

Without claim of right

A

No belief that the act was lawful.

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15
Q

Takes

A

Physically takes or moves the property with no authority whatsoever.

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16
Q

Any property

A

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

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17
Q

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 its original condition.OR

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18
Q

With 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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19
Q

Dishonestly

A

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

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20
Q

Without claim of right

A

No belief that the act was lawful.

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21
Q

Uses or deals with

A

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

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22
Q

Any property

A

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

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23
Q

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 its original condition.OR

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24
Q

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

A

Deprive the owner permanently of the part of the property to which they have any interest.

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25
Q

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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26
Q

Dishonestly

A

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

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27
Q

Without claim of right

A

No belief that the act was lawful.

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28
Q

But not so as to be guilty of theft

A

Unable to prove an intention to permanently deprive the owner.

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29
Q

TakesOR

A

Physically takes OR moves the property with no authority whatsoever.

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30
Q

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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31
Q

For any person’s purpose

A

For their own or another person’s purposes.

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32
Q

Any vehicleOR

A

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

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33
Q

Any shipOR

A

Any vessel used in navigation, however propelled.

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34
Q

AircraftOR

A

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

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35
Q

Any part of any vehicle, ship or aircraftOR

A

Any part removed from (use relevant definition above)

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36
Q

Any horse

A

Any type of horse.

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37
Q

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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38
Q

Any buildingOR

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.

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39
Q

Any shipOR

A

Any vessel used in navigation, however propelled.

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40
Q

Any part of any buildingOR

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.

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41
Q

Any part of any ship

A

Part of any vessel used in navigation, however propelled.

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42
Q

Without authority

A

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

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43
Q

With intent to commit a crime in a buildingORship

A

There must be an intention to commit an offence that can be proceeded against by way of indictment, within the building or ship.

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44
Q

Having entered

A

Is physically inside the building or ship.

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45
Q

Any buildingOR

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.

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46
Q

Any ship

A

Any vessel used in navigation, however propelled.

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47
Q

Remains without authority

A

Remains when consent to be within the building or ship no longer applies.

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48
Q

With intent to commit a crime in the buildingORship

A

There must be an intention to commit an offence that can be proceeded against by way of indictment, within the building or ship.

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49
Q

Dishonestly

A

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

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50
Q

Without claim of right

A

No belief that the act was lawful.

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51
Q

TakesOR

A

Physically takes or moves with no authority whatsoever.

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52
Q

Obtains

A

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

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53
Q

Any document

A

Something that conveys information or serves as a record.

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54
Q

With intent to obtain

A

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

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55
Q

PropertyOR

A

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

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56
Q

ServiceOR

A

Non-tangible assistance provided by another.

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57
Q

Pecuniary advantageOR

A

An economic advantage such as money or goods.

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58
Q

Valuable consideration

A

A compensation or fee.

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59
Q

Dishonestly

A

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

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60
Q

Without claim of right

A

No belief that the act was lawful.

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61
Q

Usesor

A

Physically uses the document.

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62
Q

Attempts to use

A

Physically attempts to use the document.

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63
Q

Any document

A

Something that conveys information or serves as a record.

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64
Q

With intent to obtain

A

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

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65
Q

PropertyOR

A

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

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66
Q

ServiceOR

A

Non-tangible assistance provided by another.

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67
Q

Pecuniary advantageOR

A

An economic advantage such as money or goods.

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68
Q

Valuable consideration

A

A compensation or fee.

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69
Q

Theft

A

Theft is complete when… (identify as appropriate).

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70
Q

Accompanied by violenceOR

A

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

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71
Q

Accompanied by threats of violence

A

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

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72
Q

To any personOR

A

Means either the person robbed or any other person.

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73
Q

To any property

A

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

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74
Q

Used to extort the property stolenOR

A

The violence or threats used by the offender are sufficient to cause the person to hand over the property against their will.

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75
Q

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.

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76
Q

Receives

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.

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77
Q

Any property stolenOR

A

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

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78
Q

Any property obtained by any other crime

A

Anything whatsoever, whether tangible or intangible, that is the property of any person, has value and has been obtained by a crime other than theft.

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79
Q

Knowing that property to have been stolen or so obtained.OR

A

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

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80
Q

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

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.

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81
Q

Fights

A

Fighting is punching, striking, mauling, wrestling, etc, between two or more willing participants.

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82
Q

In a public place

A

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. Also includes the interior of any vehicle which is in a public place.

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83
Q

In a public placeOR

A

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. Also includes the interior of any vehicle which is in a public place.

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84
Q

Within view of a public place

A

Within view of 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; and includes any aircraft, 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.

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85
Q

Behaves In aOR

A

To act in a manner

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86
Q

Incites any person to behave in aOR

A

To rouse, to stimulate, to urge on another to act in a manner

87
Q

Encourages any person to behave in a

A

To advise, promote and assist another person to act in a manner.

88
Q

Riotous mannerOR

A

Force or violence likely to cause alarm

89
Q

Offensive mannerOR

A

Arouses feelings of resentment/repulsion

90
Q

Threatening mannerOR

A

Threats that fall short of assault

91
Q

Insulting mannerOR

A

Reflecting against a person’s life or upbringing

92
Q

Disorderly manner

A

Cause annoyance or disturbance against the values of orderly conduct.

93
Q

In circumstances that are likely to cause violence to persons or property to start to continue

A

The circumstances are such that violence to persons or property is likely to occur or continue because of the nature and magnitude of the behaviour.

94
Q

In a public placeOR

A

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. Also includes the interior of any vehicle which is in a public place.

95
Q

Within view of a public place

A

Within view of a public 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. Also includes the interior of any vehicle which is a public place.

96
Q

Behaves in an offensive mannerOR

A

To act in a manner that arouses feelings of resentment, repulsion.

97
Q

Behaves in a disorderly manner

A

To act in a manner that causes annoyance or disturbance against the values of orderly conduct.

98
Q

ResistsOR

A

Uses opposing force to actively resist the arrest process.

99
Q

Incites any other person to resistOR

A

Rouses, stimulates, urges on another person to use opposing force to actively resist the arrest process.

100
Q

Encourages any other person to resist

A

Advises, promotes or assists another person to use opposing force to actively resist the arrest process.

101
Q

Any constable acting in the execution of their duty

A

Any sworn member of police who is performing their lawful duty.

102
Q

Intentionally

A

Deliberate act, without lawful justification or excuse or claim of right.

103
Q

ObstructsOR

A

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

104
Q

Incites any other person to obstructOR

A

Rouses, stimulates, urges on another person to make it substantially more difficult for a constable to carry out their duties.

105
Q

Encourages another person to obstruct

A

Advises, promotes or assists another person to make it substantially more difficult for a Constable to carry out their duty.

106
Q

Any constable acting in the execution of their duty

A

Any sworn member of police who is performing their lawful duty.

107
Q

Found

A
  • Discovered on- Seen entering- Seen leaving- Seen
108
Q

By night

A

Between the end of the first hour after sunset and the beginning of the last hour before sunrise.

109
Q

Without reasonable excuse

A

No lawful, genuine or reasonable excuse.

110
Q

Peeping or peering

A

Deliberately look through any window or open door.

111
Q

Into a dwelling house

A

A residence, place of abode.

112
Q

Found

A
  • Discovered on- Seen entering- Seen leaving- Seen
113
Q

Without reasonable excuse

A

No lawful, genuine or reasonable excuse.

114
Q

InOR

A

Physically inside of

115
Q

On

A

Physically on.

116
Q

Any buildingOR

A

Building or structure whether permanent or temporary.

117
Q

Any enclosed yardOR

A

Any closed area.

118
Q

Any aircraftOR

A

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

119
Q

Any shipOR

A

Any vessel used for navigation however propelled.

120
Q

Any trainOR

A

Any vehicle that runs on, or uses, a railway line.

121
Q

Any vehicle.

A

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

122
Q

Trespasses

A

Is on another person’s property without authority or permission.

123
Q

On any place

A

At any physical address

124
Q

After being warned to leave that place by an occupier of that place

A

Must be told to leave by the lawful occupier of that address

125
Q

Neglects or refuses to do so

A

After the warning, neglects or refuses to leaves. The person must be given a reasonable time to leave.

126
Q

Being a person who has been warned under Section 4 to stay off any place

A

A person who has been issued with a warning, either verbally or in writing, to stay off a property.

127
Q

Wilfully trespasses on that place

A

The offender intentionally, deliberately, without mistake, returns to the premises.

128
Q

Within two years

A

Within two years of the trespass notice being issued.

129
Q

Without lawful authority or reasonable excuse

A

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

130
Q

Has with him

A

Has in their possession OR under their immediate control.

131
Q

In any public place

A

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.

132
Q

Any knifeOR

A

Any cutting blade

133
Q

Offensive weaponOR

A

Any article made, altered or intended for causing bodily injury.

134
Q

Disabling substance

A

Anaesthetising or other substance produced or intended for the purpose of disabling people.

135
Q

Has in his possession

A

Has in their possession OR under their control.

136
Q

In any place

A

Any place at all; includes public and private places.

137
Q

Any offensive weaponOR

A

Any article capable of being used for causing bodily injury.

138
Q

Disabling substance

A

Anaesthetising or other substance produced or intended for the purpose of disabling persons.

139
Q

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

A

Actions by the offender show on the “face of it” that the person is deliberately going to use it to commit an offence involving some form of bodily injury, threat or intimidation.

140
Q

Dishonestly

A

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

141
Q

Without claim of right

A

No belief that the act was lawful.

142
Q

Gets intoORGets upon

A

Physically gets intoORPhysically gets upon.

143
Q

Any vehicle,OR

A

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

144
Q

Any shipOR

A

Any vessel used in navigation, however propelled.

145
Q

Any aircraft

A

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

146
Q

Dishonestly

A

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

147
Q

Without claim of right

A

No belief that the act was lawful.

148
Q

Interferes with

A

Touches or deals with an any way.

149
Q

Any vehicleOR

A

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

150
Q

Any shipOR

A

Any vessel used in navigation, however propelled.

151
Q

Any aircraft

A

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

152
Q

Without lawful authority or excuse

A

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

153
Q

Has in his possession

A

In their possession OR under their immediate control.

154
Q

Any instrument capable of being used for taking or converting

A

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

155
Q

Any vehicleOR

A

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

156
Q

Any shipOR

A

Any vessel used in navigation, however propelled.

157
Q

Any aircraft

A

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

158
Q

With intent to use for such a purpose

A

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

159
Q

ProcureOR

A

Means to purchase or obtain.

160
Q

PossessOR

A

Knowingly has in their possession or under their control, a usable quantity.

161
Q

ConsumeOR

A

Ingest (eat or drink).

162
Q

SmokeOR

A

Inhale smoke.

163
Q

Otherwise use

A

Use of a drug in any manner whatsoever other than above.

164
Q

Any controlled drug

A

Any drug listed in the first, second or third schedule of the Misuse of Drugs Act 1975.

165
Q

Has in his possession

A

In their possession or under their control.

166
Q

Any pipeOR

A

A container where material is burnt and the smoke is inhaled.

167
Q

Any utensil

A

Instrument, vessel or implement for drug use.

168
Q

For the purpose of the commission of an offence against the Misuse of Drugs Act 1975

A

An intention on the part of the possessor to use for the purpose of an offence against the Misuse of Drugs Act 1975 (either currently or in the future).

169
Q

Has in his possession

A

In their possession or under their control.

170
Q

Any syringeOR

A

Hollow tube with nozzle and piston used for sucking and injecting liquids.

171
Q

Any needle

A

Sharp pointed, hollow tube used for injecting substances.

172
Q

For the purpose of the commission of an offence against the Misuse of Drugs Act 1975

A

An intention on the part of the possessor to use for an offence against the Misuse of Drugs Act 1975 (either currently or in the future).

173
Q

Knowingly permits

A

Intentionally allows.

174
Q

Any premisesOR

A

Land, building or structure including its surroundings.

175
Q

motor vehicleOR

A

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

176
Q

other mode of conveyance

A

Any other means of transport.

177
Q

To be used for the purpose of the commission of an offence against the Misuse of Drugs Act 1975.

A

To be used for the purpose of an offence against the Misuse of Drugs Act 1975 (either currently or in the future).

178
Q

Cultivates

A

To grow or germinate (includes to sow or plant).

179
Q

A prohibited plant

A

Any prohibited plant listed in Section 2 of the Misuse of Drugs Act 1975.

180
Q

Except for some lawful proper and sufficient purpose

A

Without legal right or justification, or genuine reasonable excuse in the circumstances.

181
Q

Carries

A

Actually has weapon on or about him or her.

182
Q

An imitation firearm

A

Anything that has the appearance of being a firearm.

183
Q

Without reasonable cause

A

No genuine or reasonable excuse depending on the circumstances.

184
Q

Discharges

A

Fires, or releases or lets go.

185
Q

A firearmOR

A

Anything from which a shot, bullet, or other projectile can be discharged by force of explosive.

186
Q

Air gunOR

A

Anything which is capable of discharging projectiles by the use of gas or compressed air.

187
Q

PistolOR

A

Any firearm designed or adapted to be held and fired with one hand and includes any firearm under 762mm long.

188
Q

Restricted weapon

A

Any weapon declared as a restricted weapon by the Governor General eg Molotov Cocktails.

189
Q

In or near a dwelling houseOR

A

Inside or in the near vicinity of a residence or place of abode.

190
Q

In or near a public place

A

In or near 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. Also includes the interior of any vehicle that is in a public place.

191
Q

So as to endanger propertyOR

A

To put the property of another at risk of damage.

192
Q

So as to endanger any personOR

A

To put the person at risk of injury.

193
Q

So as to annoy any personOR

A

To distress a person.

194
Q

So as to frighten any person

A

To scare a person.

195
Q

Except for some lawful and sufficient purpose

A

Without legal right or justification, or genuine reasonable excuse in the circumstances.

196
Q

Presents

A

Brandishing, deploying or displaying in a threatening way.

197
Q

FirearmOR

A

Anything from which a shot, bullet, or other projectile can be discharged by force of explosive.

198
Q

Air gunOR

A

Anything which is capable of discharging projectiles by the use of gas or compressed air.

199
Q

PistolOR

A

Any firearm designed or adapted to be held and fired with one hand and includes any firearm under 762mm long.

200
Q

Restricted weapon

A

Any weapon declared as a restricted weapon by the Governor General eg Molotov Cocktails.

201
Q

At any other person

A

Must be another person.

202
Q

Except for some lawful and sufficient purpose

A

Without legal right or justification, or genuine reasonable excuse in the circumstances.

203
Q

Presents

A

Brandishing, deploying or displaying in a threatening way.

204
Q

At any other person

A

Must be another person

205
Q

Anything

A

Anything at all.

206
Q

In circumstances which lead the other person to believe it is a firearm

A

The actions of the offender in conjunction with the article presented must cause the other person to believe it is a firearm.

207
Q

Except for some lawful proper and sufficient purpose

A

Without legal right or justification, or genuine reasonable excuse in the circumstances.

208
Q

CarriesOR

A

Actually has the weapon on or about him or her.

209
Q

Is in possession of

A

In their possession or under their control.

210
Q

FirearmOR

A

Anything from which a shot, bullet, or other projectile can be discharged by force of explosive.

211
Q

Air gunOR

A

Anything which is capable of discharging projectiles by the use of gas or compressed air.

212
Q

PistolOR

A

Any firearm designed or adapted to be held and fired with one hand and includes any firearm under 762mm long.

213
Q

Restricted weaponOR

A

Any weapon declared as a restricted weapon by the Governor General eg Molotov Cocktails.

214
Q

Explosives

A

Any substance capable of exploding or producing a pyrotechnic effect.

CL - Ingredients (1 decks)

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