Definitions

Question 1

Intentionally

Answer 1

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

Question 2

Damages

Answer 2

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

Question 2

Property

Answer 2

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

Question 3

Sets fire to

Answer 3

DAMAGES through the use of FIRE.

Question 4

Any tree or vegetation

Answer 4

Any GROWING PLANT.

Question 5

Dishonestly

Answer 5

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

Question 6

Without claim of right

Answer 6

NO BELIEF that the act was LAWFUL.

Question 7

Takes

Answer 7

Physically TAKES (OR) MOVES the property with no authority whatsoever.

Question 8

Any property

Answer 8

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

Question 9

With an intent to deprive any owner permanently of that property

Answer 9

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

Question 10

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

Answer 10

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

Question 11

Uses or deals with

Answer 11

HAS POSSESSION or CONTROL of the property and EXCEEDS THE AUTHORITY OR CONDITION given by USING OR DEALING with the property IN ANY MANNER.

Question 12

After obtaining possession or control of that property in whatever manner

Answer 12

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

Question 14

Assaults

Answer 14

Acts of intentionally applying or attempting to apply force to the person of another either 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.

Question 18

Another person

Answer 18

It has to be ANOTHER PERSON other than the offender.

Question 19

Using anything as a weapon

Answer 19

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

Question 20

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

Answer 20

AN OBJECT OF SOME SORT, whether animate or inanimate, must be either of ON THE OFFENDER OR REASONABLY AVAILABLE to them. The CIRCUMSTANCES must be sufficient to SHOW AN INTENTION TO USE the OBJECT AS A WEAPON.

Question 21

Enters

Answer 21

ENTRY IS COMPLETE as soon as ANY PART OF THE BODY OF THE PERSON or ANY INSTRUMENT USED BY THE PERSON IS WITHIN the building or ship.

Question 22

Any Building

Answer 22

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.

Question 24

Any part of any ship

Answer 24

Part of any vessel used in navigation, however propelled.

Question 25

Any part of any building

Answer 25

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.

Question 26

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

Answer 26

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

Question 27

Without authority

Answer 27

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

Question 28

Remains without authority

Answer 28

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

Question 29

Having entered

Answer 29

IS PHYSICALLY INSIDE the building or ship

Question 30

Accompanied by violence

Answer 30

ACTUAL VIOLENCE IMMEDIATELY BEFORE OR AT THE TIME OF THE THEFT.

Question 31

Theft

Answer 31

THEFT IS COMPLETE WHEN... (Identify as appropriate)

Question 32

To any person

Answer 32

Means either THE PERSON ROBBED OR ANY OTHER PERSON.

Question 33

Accompanied by threats of violence

Answer 33

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

Question 34

Used to extort the property stolen

Answer 34

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

Question 35

To any property

Answer 35

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

Question 37

To prevent or overcome resistance to the property being stolen

Answer 37

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

Question 38

Any Ship

Answer 38

Any vessel used in navigation, however propelled.

Question 39

But not so as to be guilty of theft

Answer 39

UNABLE TO PROVE AN INTENTION TO PERMANENTLY DEPRIVE THE OWNER.

Question 40

For any person's purpose

Answer 40

For their OWN or ANOTHER PERSON'S purposes.

Question 41

Any vehicle

Answer 41

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

Question 46

Any Aircraft

Answer 46

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

Question 47

Any part of any vehicle, ship or aircraft

Answer 47

Any part removed from (use relevant definition above)

Question 48

Any Horse

Answer 48

Any type of horse

Question 49

Gets upon

Answer 49

Physically gets upon

Question 50

Interferers with

Answer 50

Touches or deals with in any manner

Question 51

Any property obtained by any other imprisonable offence.

Answer 51

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.

Question 52

Knowing that property to have been stolen or so obtained

Answer 52

BELIEVING AT THE TIME OF RECEIVING that the property had been STOLEN or OBTAINED by other IMPRISONABLE OFFENCE.

Question 53

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

Answer 53

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

Question 54

Without lawful authority or excuse

Answer 54

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

Question 55

Has in his possession

Answer 55

In their POSSESSION (OR) under their IMMEDIATE CONTROL.

Question 56

Any instrument capable of being used for taking or converting

Answer 56

ANY OBJECT WHATSOEVER that is capable of being used to take or convert.

Question 57

With intent to use it for such a purpose

Answer 57

With an INTENTION to USE THE INSTRUMENT TO TAKE OR CONVERT.

Question 58

Fights

Answer 58

Fighting is punching, striking, mauling, wrestling, etc. Between TWO OR MORE WILLING PARTICIPANTS.

Question 59

Gets into

Answer 59

Physically gets into

Question 60

Receives

Answer 60

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.

Question 61

Public Place

Answer 61

A PLACE THAT AT ANY MATERIAL TIME IS OPEN TO (OR) USED BY THE PUBLIC WHETHER FREE OR ON PAYMENT OF A CHARGE AND WHETHER THE OWNER OR OCCUPIER OF THE PLACE IS LAWFULLY ENTITLED TO EXCLUDE OR EJECT ANY PERSON FROM THAT PLACE AND INCLUDES ANY AIRCRAFT, HOVERCRAFT, SHIP, FERRY, OTHER VESSEL, TRAIN, VEHICLE CARRYING OR AVAILABLE TO CARRY PASSENGERS FOR REWARD ALSO INCLUDES THE INTERIOR OF ANY VEHICLE WHICH IS IN A PUBLIC PLACE

Question 62

Any property stolen

Answer 62

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