criminal_liabilities_20131118092051 Flashcards
1
Q
Ingredient 1
A
Intentionally
2
Q
Damages
A
Temporary or permanent reduction in the value and/or usefulness of the property.
3
Q
Property
A
Something that belongs to another person and is capable of being damaged.
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.
5
Q
Sets fire to
A
Damages through use of fire.
6
Q
Any tree or vegetation
A
Any growing plant.
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.
8
Q
Another person
A
It has to be ANOTHER PERSON other than the offender.
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.
10
Q
Another person
A
It has to be another person other than the offender.
11
Q
Using anything as a weapon.
A
An object of some sort, whether animate or inanimate, must be used as a weapon.OR
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.
13
Q
Dishonestly
A
Without a belief that there was consent or authority from the owner.
14
Q
Without claim of right
A
No belief that the act was lawful.
15
Q
Takes
A
Physically takes or moves the property with no authority whatsoever.
16
Q
Any property
A
Anything whatsoever, whether tangible or intangible, that is the property of any person and has value.
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
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.
19
Q
Dishonestly
A
Without a belief that there was consent or authority from the owner.
20
Q
Without claim of right
A
No belief that the act was lawful.
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.
22
Q
Any property
A
Anything whatsoever, whether tangible or intangible, that is the property of any person and has value.
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
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.
25
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.
26
Dishonestly
Without a belief that there was consent or authority from the owner.
27
Without claim of right
No belief that the act was lawful.
28
But not so as to be guilty of theft
Unable to prove an intention to permanently deprive the owner.
29
TakesOR
Physically takes OR moves the property with no authority whatsoever.
30
Uses
Gains possession or control of the property, but then exceeds authority or conditions given by the owner by using it in any manner.
31
For any person's purpose
For their own or another person's purposes.
32
Any vehicleOR
A contrivance equipped with wheels, tracks or revolving runners on which it moves or is moved.
33
Any shipOR
Any vessel used in navigation, however propelled.
34
AircraftOR
Any machine that can derive support in the atmosphere from the reaction of the air.
35
Any part of any vehicle, ship or aircraftOR
Any part removed from (use relevant definition above)
36
Any horse
Any type of horse.
37
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.
38
Any buildingOR
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.
39
Any shipOR
Any vessel used in navigation, however propelled.
40
Any part of any buildingOR
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.
41
Any part of any ship
Part of any vessel used in navigation, however propelled.
42
Without authority
An absence of authority, either expressed or implied, from a person legally able to give consent.
43
With intent to commit a crime in a buildingORship
There must be an intention to commit an offence that can be proceeded against by way of indictment, within the building or ship.
44
Having entered
Is physically inside the building or ship.
45
Any buildingOR
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.
46
Any ship
Any vessel used in navigation, however propelled.
47
Remains without authority
Remains when consent to be within the building or ship no longer applies.
48
With intent to commit a crime in the buildingORship
There must be an intention to commit an offence that can be proceeded against by way of indictment, within the building or ship.
49
Dishonestly
Without a belief that there was consent or authority from the owner.
50
Without claim of right
No belief that the act was lawful.
51
TakesOR
Physically takes or moves with no authority whatsoever.
52
Obtains
Physically transfers into a person's possession, with or without authority.
53
Any document
Something that conveys information or serves as a record.
54
With intent to obtain
An intention to obtain or retain for himself or herself or any other person.
55
PropertyOR
Anything whatsoever, whether tangible or intangible, that is the property of any person and has value.
56
ServiceOR
Non-tangible assistance provided by another.
57
Pecuniary advantageOR
An economic advantage such as money or goods.
58
Valuable consideration
A compensation or fee.
59
Dishonestly
Without a belief that there was consent or authority from the owner.
60
Without claim of right
No belief that the act was lawful.
61
Usesor
Physically uses the document.
62
Attempts to use
Physically attempts to use the document.
63
Any document
Something that conveys information or serves as a record.
64
With intent to obtain
An intention to obtain or retain for himself or herself or any other person.
65
PropertyOR
Anything whatsoever, whether tangible or intangible, that is the property of any person and has value.
66
ServiceOR
Non-tangible assistance provided by another.
67
Pecuniary advantageOR
An economic advantage such as money or goods.
68
Valuable consideration
A compensation or fee.
69
Theft
Theft is complete when... (identify as appropriate).
70
Accompanied by violenceOR
Actual violence immediately before or at the time of the theft.
71
Accompanied by threats of violence
Threat of violence immediately before or at the time of the theft, demonstrated by conduct or words.
72
To any personOR
Means either the person robbed or any other person.
73
To any property
Any property whatsoever, whether belonging to the person robbed or any other person.
74
Used to extort the property stolenOR
The violence or threats used by the offender are sufficient to cause the person to hand over the property against their will.
75
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.
76
Receives
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.
77
Any property stolenOR
Anything whatsoever, whether tangible or intangible, that is the property of any person, has value and has been stolen.
78
Any property obtained by any other crime
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.
79
Knowing that property to have been stolen or so obtained.OR
Believing at the time of receiving that the property had been stolen or obtained by any other imprisonable offence.
80
Being reckless as to whether the property had been stolen or so obtained
Receives the property, despite the person consciously taking an unreasonable risk that the property might be stolen or obtained by any other imprisonable offence.
81
Fights
Fighting is punching, striking, mauling, wrestling, etc, between two or more willing participants.
82
In a 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. Also includes the interior of any vehicle which is in a public place.
83
In a public placeOR
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.
84
Within view of a public place
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.
85
Behaves In aOR
To act in a manner
86
Incites any person to behave in aOR
To rouse, to stimulate, to urge on another to act in a manner
87
Encourages any person to behave in a
To advise, promote and assist another person to act in a manner.
88
Riotous mannerOR
Force or violence likely to cause alarm
89
Offensive mannerOR
Arouses feelings of resentment/repulsion
90
Threatening mannerOR
Threats that fall short of assault
91
Insulting mannerOR
Reflecting against a person's life or upbringing
92
Disorderly manner
Cause annoyance or disturbance against the values of orderly conduct.
93
In circumstances that are likely to cause violence to persons or property to start to continue
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
In a public placeOR
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
Within view of a public place
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
Behaves in an offensive mannerOR
To act in a manner that arouses feelings of resentment, repulsion.
97
Behaves in a disorderly manner
To act in a manner that causes annoyance or disturbance against the values of orderly conduct.
98
ResistsOR
Uses opposing force to actively resist the arrest process.
99
Incites any other person to resistOR
Rouses, stimulates, urges on another person to use opposing force to actively resist the arrest process.
100
Encourages any other person to resist
Advises, promotes or assists another person to use opposing force to actively resist the arrest process.
101
Any constable acting in the execution of their duty
Any sworn member of police who is performing their lawful duty.
102
Intentionally
Deliberate act, without lawful justification or excuse or claim of right.
103
ObstructsOR
Makes it substantially more difficult for a constable to carry out their duties.
104
Incites any other person to obstructOR
Rouses, stimulates, urges on another person to make it substantially more difficult for a constable to carry out their duties.
105
Encourages another person to obstruct
Advises, promotes or assists another person to make it substantially more difficult for a Constable to carry out their duty.
106
Any constable acting in the execution of their duty
Any sworn member of police who is performing their lawful duty.
107
Found
- Discovered on- Seen entering- Seen leaving- Seen
108
By night
Between the end of the first hour after sunset and the beginning of the last hour before sunrise.
109
Without reasonable excuse
No lawful, genuine or reasonable excuse.
110
Peeping or peering
Deliberately look through any window or open door.
111
Into a dwelling house
A residence, place of abode.
112
Found
- Discovered on- Seen entering- Seen leaving- Seen
113
Without reasonable excuse
No lawful, genuine or reasonable excuse.
114
InOR
Physically inside of
115
On
Physically on.
116
Any buildingOR
Building or structure whether permanent or temporary.
117
Any enclosed yardOR
Any closed area.
118
Any aircraftOR
Any machine that can derive support in the atmosphere from the reaction of air.
119
Any shipOR
Any vessel used for navigation however propelled.
120
Any trainOR
Any vehicle that runs on, or uses, a railway line.
121
Any vehicle.
A contrivance equipped with wheels, tracks or revolving runners on which it moves or is moved.
122
Trespasses
Is on another person's property without authority or permission.
123
On any place
At any physical address
124
After being warned to leave that place by an occupier of that place
Must be told to leave by the lawful occupier of that address
125
Neglects or refuses to do so
After the warning, neglects or refuses to leaves. The person must be given a reasonable time to leave.
126
Being a person who has been warned under Section 4 to stay off any place
A person who has been issued with a warning, either verbally or in writing, to stay off a property.
127
Wilfully trespasses on that place
The offender intentionally, deliberately, without mistake, returns to the premises.
128
Within two years
Within two years of the trespass notice being issued.
129
Without lawful authority or reasonable excuse
Without a legal right or justification, authority or permission. No lawful, genuine or reasonable excuse.
130
Has with him
Has in their possession OR under their immediate control.
131
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.
132
Any knifeOR
Any cutting blade
133
Offensive weaponOR
Any article made, altered or intended for causing bodily injury.
134
Disabling substance
Anaesthetising or other substance produced or intended for the purpose of disabling people.
135
Has in his possession
Has in their possession OR under their control.
136
In any place
Any place at all; includes public and private places.
137
Any offensive weaponOR
Any article capable of being used for causing bodily injury.
138
Disabling substance
Anaesthetising or other substance produced or intended for the purpose of disabling persons.
139
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
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
Dishonestly
Without a belief that there was consent or authority from the owner.
141
Without claim of right
No belief that the act was lawful.
142
Gets intoORGets upon
Physically gets intoORPhysically gets upon.
143
Any vehicle,OR
A contrivance equipped with wheels, tracks or revolving runners on which it moves or is moved.
144
Any shipOR
Any vessel used in navigation, however propelled.
145
Any aircraft
Any machine that can derive support in the atmosphere from the reaction of air.
146
Dishonestly
Without a belief that there was consent or authority from the owner.
147
Without claim of right
No belief that the act was lawful.
148
Interferes with
Touches or deals with an any way.
149
Any vehicleOR
A contrivance equipped with wheels, tracks or revolving runners on which it moves or is moved.
150
Any shipOR
Any vessel used in navigation, however propelled.
151
Any aircraft
Any machine that can derive support in the atmosphere from the reaction of the air.
152
Without lawful authority or excuse
Without a legal right or justification, authority or permission. No lawful, genuine or reasonable excuse.
153
Has in his possession
In their possession OR under their immediate control.
154
Any instrument capable of being used for taking or converting
Any object whatsoever that is capable of being used to take or convert.
155
Any vehicleOR
A contrivance equipped with wheels, tracks or revolving runners on which it moves or is moved.
156
Any shipOR
Any vessel used in navigation, however propelled.
157
Any aircraft
Any machine that can derive support in the atmosphere from the reaction of the air.
158
With intent to use for such a purpose
With an intention to use the internet to take or convert.
159
ProcureOR
Means to purchase or obtain.
160
PossessOR
Knowingly has in their possession or under their control, a usable quantity.
161
ConsumeOR
Ingest (eat or drink).
162
SmokeOR
Inhale smoke.
163
Otherwise use
Use of a drug in any manner whatsoever other than above.
164
Any controlled drug
Any drug listed in the first, second or third schedule of the Misuse of Drugs Act 1975.
165
Has in his possession
In their possession or under their control.
166
Any pipeOR
A container where material is burnt and the smoke is inhaled.
167
Any utensil
Instrument, vessel or implement for drug use.
168
For the purpose of the commission of an offence against the Misuse of Drugs Act 1975
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
Has in his possession
In their possession or under their control.
170
Any syringeOR
Hollow tube with nozzle and piston used for sucking and injecting liquids.
171
Any needle
Sharp pointed, hollow tube used for injecting substances.
172
For the purpose of the commission of an offence against the Misuse of Drugs Act 1975
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
Knowingly permits
Intentionally allows.
174
Any premisesOR
Land, building or structure including its surroundings.
175
motor vehicleOR
A contrivance equipped with wheels, track or revolving runners on which it moves or is moved.
176
other mode of conveyance
Any other means of transport.
177
To be used for the purpose of the commission of an offence against the Misuse of Drugs Act 1975.
To be used for the purpose of an offence against the Misuse of Drugs Act 1975 (either currently or in the future).
178
Cultivates
To grow or germinate (includes to sow or plant).
179
A prohibited plant
Any prohibited plant listed in Section 2 of the Misuse of Drugs Act 1975.
180
Except for some lawful proper and sufficient purpose
Without legal right or justification, or genuine reasonable excuse in the circumstances.
181
Carries
Actually has weapon on or about him or her.
182
An imitation firearm
Anything that has the appearance of being a firearm.
183
Without reasonable cause
No genuine or reasonable excuse depending on the circumstances.
184
Discharges
Fires, or releases or lets go.
185
A firearmOR
Anything from which a shot, bullet, or other projectile can be discharged by force of explosive.
186
Air gunOR
Anything which is capable of discharging projectiles by the use of gas or compressed air.
187
PistolOR
Any firearm designed or adapted to be held and fired with one hand and includes any firearm under 762mm long.
188
Restricted weapon
Any weapon declared as a restricted weapon by the Governor General eg Molotov Cocktails.
189
In or near a dwelling houseOR
Inside or in the near vicinity of a residence or place of abode.
190
In or near a public place
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
So as to endanger propertyOR
To put the property of another at risk of damage.
192
So as to endanger any personOR
To put the person at risk of injury.
193
So as to annoy any personOR
To distress a person.
194
So as to frighten any person
To scare a person.
195
Except for some lawful and sufficient purpose
Without legal right or justification, or genuine reasonable excuse in the circumstances.
196
Presents
Brandishing, deploying or displaying in a threatening way.
197
FirearmOR
Anything from which a shot, bullet, or other projectile can be discharged by force of explosive.
198
Air gunOR
Anything which is capable of discharging projectiles by the use of gas or compressed air.
199
PistolOR
Any firearm designed or adapted to be held and fired with one hand and includes any firearm under 762mm long.
200
Restricted weapon
Any weapon declared as a restricted weapon by the Governor General eg Molotov Cocktails.
201
At any other person
Must be another person.
202
Except for some lawful and sufficient purpose
Without legal right or justification, or genuine reasonable excuse in the circumstances.
203
Presents
Brandishing, deploying or displaying in a threatening way.
204
At any other person
Must be another person
205
Anything
Anything at all.
206
In circumstances which lead the other person to believe it is a firearm
The actions of the offender in conjunction with the article presented must cause the other person to believe it is a firearm.
207
Except for some lawful proper and sufficient purpose
Without legal right or justification, or genuine reasonable excuse in the circumstances.
208
CarriesOR
Actually has the weapon on or about him or her.
209
Is in possession of
In their possession or under their control.
210
FirearmOR
Anything from which a shot, bullet, or other projectile can be discharged by force of explosive.
211
Air gunOR
Anything which is capable of discharging projectiles by the use of gas or compressed air.
212
PistolOR
Any firearm designed or adapted to be held and fired with one hand and includes any firearm under 762mm long.
213
Restricted weaponOR
Any weapon declared as a restricted weapon by the Governor General eg Molotov Cocktails.
214
Explosives
Any substance capable of exploding or producing a pyrotechnic effect.
