Definitions Flashcards
Intentionally
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.
Damages
TEMPORARY OR PERMANENT REDUCTION in the VALUE and or USEFULNESS of the property.
Property
Something that BELONGS TO ANOTHER PERSON and is CAPABLE OF BEING DAMAGED.
Sets fire to
DAMAGES through the use of FIRE.
Any tree or vegetation
Any GROWING PLANT.
Dishonestly
WITHOUT A BELIEF that there was CONSENT or AUTHORITY from the owner.
Without claim of right
NO BELIEF that the act was LAWFUL.
Takes
Physically TAKES (OR) MOVES the property with no authority whatsoever.
Any property
ANYTHING whatsoever, whether tangible or intangible, that is the PROPERTY OF ANY PERSON AND HAS VALUE.
With an intent to deprive any owner permanently of that property
DEPRIVE THE OWNER PERMANENTLY (OR) DEAL WITH IT in a manner so that it CANNOT BE RESTORED TO ITS ORIGINAL CONDITION.
With an intent to deprive any owner permanently of any interest in that property
DEPRIVE THE OWNER PERMANENTLY of that part of the property in which they have an INTEREST.
Uses or deals with
HAS POSSESSION or CONTROL of the property and EXCEEDS THE AUTHORITY OR CONDITION given by USING OR DEALING with the property IN ANY MANNER.
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.
Assaults
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.
Another person
It has to be ANOTHER PERSON other than the offender.
Using anything as a weapon
AN OBJECT OF SOME SORT, whether animate or inanimate, must be USED AS A WEAPON.
Having anything with him or her in circumstances that prima facie show an intention to use it as a weapon
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.
Enters
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.
Any Building
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.
Any part of any ship
Part of any vessel used in navigation, however propelled.
Any part of any building
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.
With the intent to commit an imprisonable offence in the building OR ship
There must be an INTENTION TO COMMIT AN IMPRISONABLE OFFENCE IN THE BUILDING OR SHIP.
Without authority
AN ABSENCE OF AUTHORITY, either expressed or implied, from A PERSON LEGALLY ABLE TO GIVE CONSENT.
Remains without authority
REMAINS WHEN CONSENT TO BE WITHIN the building or ship NO LONGER APPLIES.
Having entered
IS PHYSICALLY INSIDE the building or ship
Accompanied by violence
ACTUAL VIOLENCE IMMEDIATELY BEFORE OR AT THE TIME OF THE THEFT.
Theft
THEFT IS COMPLETE WHEN… (Identify as appropriate)
To any person
Means either THE PERSON ROBBED OR ANY OTHER PERSON.
Accompanied by threats of violence
THREAT OF VIOLENCE IMMEDIATELY BEFORE OR AT THE TIME OF THE THEFT, DEMONSTRATED BY CONDUCT OR WORDS.
Used to extort the property stolen
THE VIOLENCE OR THREATS used by the offender are SUFFICIENT TO CAUSE the person to HAND OVER the property AGAINST THEIR WILL.
To any property
ANY PROPERTY WHATSOEVER, whether belonging to the robbed person or any other person.
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.
Any Ship
Any vessel used in navigation, however propelled.
But not so as to be guilty of theft
UNABLE TO PROVE AN INTENTION TO PERMANENTLY DEPRIVE THE OWNER.
For any person’s purpose
For their OWN or ANOTHER PERSON’S purposes.
Any vehicle
A contrivance equipped with wheels, tracks or revolving runners on which it moves or is moved.
Any Aircraft
Any machine that can derive support in the atmosphere from the reaction of the air.
Any part of any vehicle, ship or aircraft
Any part removed from (use relevant definition above)
Any Horse
Any type of horse
Gets upon
Physically gets upon
Interferers with
Touches or deals with in any manner
Any property obtained by any other imprisonable offence.
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.
Knowing that property to have been stolen or so obtained
BELIEVING AT THE TIME OF RECEIVING that the property had been STOLEN or OBTAINED by other IMPRISONABLE OFFENCE.
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.
Without lawful authority or excuse
Without legal right or justification or authority or permission.
No lawful or genuine or reasonable excuse.
Has in his possession
In their POSSESSION (OR) under their IMMEDIATE CONTROL.
Any instrument capable of being used for taking or converting
ANY OBJECT WHATSOEVER that is capable of being used to take or convert.
With intent to use it for such a purpose
With an INTENTION to USE THE INSTRUMENT TO TAKE OR CONVERT.
Fights
Fighting is punching, striking, mauling, wrestling, etc. Between TWO OR MORE WILLING PARTICIPANTS.
Gets into
Physically gets into
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.
Public Place
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
Any property stolen
ANYTHING WHATSOEVER, whether tangible or intangible, that is the PROPERTY OF ANY PERSON, HAS VALUE AND HAS BEEN STOLEN.
