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Criminal Liabilities > Definitions > Flashcards

Definitions Flashcards

0
Q

Damages

A

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

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1
Q

Intentionally

A

A deliberate or reckless act without lawful justification, excuse or claim of right

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2
Q

Property

A

Belongs to another person

And is capable of being damaged

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3
Q

Sets fire to

A

Damage through fire

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4
Q

Any tree of vegetation

A

Any growing plant

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5
Q

Dishonestly

A

Without belief of consent or authority from owner

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6
Q

Without claim of right

A

No belief act is lawful

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7
Q

Takes

A

Physically takes OR moves property

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8
Q

Any property

A

Anything that is the property of any person and has value

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9
Q

With an intent to deprive any owner permanently of that property

A

Deprive the owner permanently OR deal with it so that it cannot be restored to its original condition

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10
Q

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

A

Deprive the owner permanently of there interest

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11
Q

Uses or deals with

A

Has possession or control of property that exceeds the authority or condition given by using or dealing in any manner

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12
Q

After obtaining possession or control of that property in whatever manner

A

Obtains possession or control for himself/herself or any other person

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13
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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14
Q

Another person

A

It has to be another person other than the offender

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15
Q

Using anything as a weapon

A

An object of some sort used as a weapon

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16
Q

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

A

An object of some sort on the offender or reasonably available. Circumstances must show an intention to use object as a weapon

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17
Q

Theft

A

Theft is complete when (identify as appropriate)

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18
Q

Accompanied by violence

A

Actual violence immediately before or at the time of the theft

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19
Q

Accompanied by threats of violence

A

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

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20
Q

To any person

A

The person robbed or any other person

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21
Q

To any property

A

Any property whatsoever

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22
Q

Used to extort the property stolen

A

The violence or threats sufficient to cause hand over of property against their will

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23
Q

To prevent or overcome resistance to the property being stolen

A

Property taken, after any resistance prevented or overcome

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24
Q

Having entered

A

Is physically inside

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25
Q

Any building

+

Any part of any building

A

Any building or structure, permanent or temporary

Part of any building or structure, permanent or temporary

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26
Q

Any ship

+

Any part of any ship

A

Any vessel used in navigation

Part or any vessel used in navigation

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27
Q

Remains without authority

A

Remains when consent to be within no longer applies

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28
Q

With intent to commit an imprisonable offence in the building
OR
Ship

A

Intention to commit an imprisonable offence in the building or ship

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29
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

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30
Q

Without authority

A

An absence of authority from a person legally able to give consent

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31
Q

Obtains

A

Physically transfers possession

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32
Q

Any document

A

Something that conveys information

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33
Q

Property

A

Anything whatsoever that is the property of any person and has value

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34
Q

Service

A

Non-tangible assistance

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35
Q

Pecuniary advantage

A

An economic advantage

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36
Q

Valuable consideration

A

A compensation or fee

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37
Q

Uses

A

Physically uses

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38
Q

Attempts to use

A

Physically attempts to use

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39
Q

With intent to obtain

A

Obtain or retain for himself or herself or any other person

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40
Q

Fights

A

Two or more willing participants

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41
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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42
Q

Resists

A

Opposing force to actively resist

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43
Q

Incites any other person to resist

A

Urges on another person to use opposing force to actively resist

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44
Q

Encourages any other person to resist

A

Advises another person to use opposing force to actively resist

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45
Q

Any constable acting in the execution of their duty

A

Lawful duty

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46
Q

Intentionally

A

Deliberate act

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47
Q

Obstructs

A

More difficult for constable to carry out their duties

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48
Q

Incites any other person to obstruct

A

Urges on another person to make it more difficult for constable to carry out their duties

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49
Q

Encourages another person to obstruct

A

Advices another person to make it more difficult for a constable to carry out their duties

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50
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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51
Q

Uses

A

Gains possession or control but exceeds authority or conditions given by owner by using it in any manner

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52
Q

For any persons purpose

A

Own or another persons purpose

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53
Q

Any horse

A

Any type of horse

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54
Q

Any part of an vehicle ship or aircraft

A

Any part removed from (use type)

55
Q

Any vehicle

A

Contrivance equipped with wheels, tracks or revolving runners on which it moves or is moved

56
Q

Any aircraft

A

Machine that can derive support in atmosphere from reaction of air

57
Q

Without lawful authority or excuse

A

Without a legal right

No lawful, genuine or reasonable excuse

58
Q

Has in his possession

A

Possession OR immediate control

59
Q

Any instrument capable of being used for taking or converting

A

Any object whatsoever

60
Q

With intent to use if for such a purpose

A

Intention to use instrument to take or convert

61
Q

Interferes with

A

Touches or deals with in any manner

62
Q

Gets into

A

Physically gets into

63
Q

Gets upon

A

Physically gets upon

64
Q

Trespasses

A

On another persons property without authority

65
Q

On any place

A

Physical address

66
Q

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

A

Told by lawful occupier

67
Q

Neglects or refuses to do so

A

After being warned, neglects or refuses

Must be given reasonable time

68
Q

Wilfully trespasses on that place

A

Intentionally returns to premises

69
Q

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

A

Issued with warning to stay off a property

70
Q

Within two years

A

Within two years after giving of warning

71
Q

Receives

A

Either exclusively or jointly, theft of another person. Has possession or control over anything unlawfully obtained or helps in its concealment or disposal

72
Q

Any property stolen

A

Anything whatsoever, property of any person has value and has been stolen

73
Q

Any property obtained by any other imprisonable offence

A

Anything whatsoever, the property of any person, has value, has been obtained by an imprisonable offence other than theft

74
Q

Knowing that property to have been stolen or so obtained

A

Knowledge at the time of receiving, property stolen or obtained

75
Q

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

A

Receives the property despite circumstances that indicate stolen or obtained

76
Q

Found

A

Discovered on

Seen entering

Seen leaving

Seen

77
Q

By night

A

Between sunset and sunrise

78
Q

Without reasonable excuse

A

No lawful, genuine or reasonable excuse

79
Q

Peeping or peering

A

Deliberate look

80
Q

Into a dwelling house

A

A residence, place of abode

81
Q

In

A

Physically inside of

82
Q

On

A

Physically on

83
Q

Any enclosed yard

A

Any closed area

84
Q

Any train

A

Any vehicle that runs on or uses a railway line

85
Q

Has with him

A

Possession OR immediate control

86
Q

Any knife

A

Any cutting blade

87
Q

Any offensive weapon

A

Any article made, altered or intended for causing bodily injury

88
Q

Any disabling substance

A

Intended for the purpose of disabling people

89
Q

Has in his possession

A

Possession OR under their control

90
Q

In any place

A

Any place at all

91
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

92
Q

Any offensive weapon (2)

A

Any article capable of being used for causing bodily injury

93
Q

Riotous manner

A

Likely to cause alarm

94
Q

Offensive manner

A

Feelings of repulsion

95
Q

Threatening manner

A

Fall short of assault

96
Q

Insulting manner

A

Persons life or upbringing

97
Q

Disorderly manner

A

Cause annoyance or disturbance against orderly conduct

98
Q

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

A

Violence likely to continue because of nature and magnitude of behaviour

99
Q

Behaves in an offensive manner

A

Manner arouses feelings of repulsion

100
Q

Behaves in a disorderly manner

A

Manner cause annoyance or disturbance against orderly conduct

101
Q

Procure

A

Purchase or obtain

102
Q

Possess

A

Knowingly has possession in usable quantity

103
Q

Consume

104
Q

Smoke

A

Inhale smoke

105
Q

Otherwise use

A

Use drug in any manner

106
Q

Any controlled drug

A

Any drug listed in the first, second or third schedule of the misuse of drugs act 1975

107
Q

Any pipe

A

Container where material burnt and smoke inhaled

108
Q

Any utensils

A

Instruments or implements for drug use

109
Q

For the purpose of the commission of an offence against the misuse of drugs act 1975

A

An intention to use for the purpose of an offence against the misuse of drugs act 1975

110
Q

Knowingly permits

A

Intentionally allows

111
Q

Any premises

A

Land, building or structure

112
Q

Other mode of conveyance

A

Any other means of transport

113
Q

Cultivates

114
Q

A prohibited plant

A

A prohibited plant listed under section 2 of the misuse of drugs act 1975

115
Q

Except for some lawful proper and sufficient purpose

A

Without reasonable excuse in the circumstances

116
Q

Carries

A

Actually has weapon on or about him

117
Q

An imitation firearm

A

Has appearance of firearm

118
Q

Presents

A

Deploy or display in a threatening way

119
Q

Firearm

A

Projectile discharged by force of explosive

120
Q

Air gun

A

Discharging projectiles by the use of gas or compressed air

121
Q

Pistol

A

Held and fired with one hand and includes any firearm under 762mm long

122
Q

Restricted weapon

A

Declared by Governor General

123
Q

At any other person

A

Must be another person

124
Q

Anything

A

Anything at all

125
Q

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

A

Actions, article must cause the other person to believe it is a firearm

126
Q

Without reasonable cause

A

No genuine or reasonable excuse depending on circumstances

127
Q

Discharges

A

Fires or releases or let’s go

128
Q

In or near a dwelling house

A

Inside or near a residence or place of abode

129
Q

So as to endanger property

A

Put property of another at risk

130
Q

So as to endanger any person

A

To put person at risk or injury

131
Q

So as to annoy any person

A

Distress a person

132
Q

So as to frighten any person

A

Scare a person

133
Q

Is in possession of

A

In their possession or under there control

134
Q

Explosives

A

Any substance capable of exploding

Criminal Liabilities (2 decks)

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