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C/L - Offences (2) > Definitions > Flashcards

Definitions Flashcards

1
Q

In a public place

A

A PLACE THAT, AT ANY MATERIAL TIME, IS OPEN TO OR IS BEING USED BY PUBLIC, 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.

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2
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 PUBLIC, 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.

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3
Q

Behaves in a

A

To act in a MANNER.

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4
Q

Incites any person to behave in a

A

To rouse, to stimulate, to urge on another to act in a MANNER.

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5
Q

Encourages any person to behave in a

A

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

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6
Q

Riotous manner

A

Force or violence LIKELY TO CAUSE ALARM.

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7
Q

Offensive manner

A

Arouses feelings of resentment / REPULSION.

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8
Q

Threatening manner

A

Threats that FALL SHORT OF ASSAULT.

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9
Q

Insulting manner

A

Reflecting against a person’s life or upbringing.

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10
Q

Disorderly manner

A

CAUSE ANNOYANCE OR DISTURBANCE AGAINST the values of ORDERLY CONDUCT.

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11
Q

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

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12
Q

Behaves in an offence manner

A

To act in a MANNER that arouses feelings of resentment, REPULSION.

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13
Q

Behaves in a disorderly manner

A

To act in a MANNER that causes annoyance or disturbance AGAINST the value of ORDERLY CONDUCT.

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14
Q

Incites any other person to resist

A

Rouses, stimulates, URGES ON ANOTHER PERSON to use OPPOSING FORCE to ACTIVELY RESIST the arrest process.

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15
Q

Encourages any other person to resist

A

ADVISES, promotes or assists ANOTHER PERSON to use OPPOSING FORCE to ACTIVELY RESIST the arrest process.

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16
Q

Any constable acting in the execution of their duty

A

Any sworn member of Police who is performing their LAWFUL DUTY.

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17
Q

Intentionally

A

DELIBERATE ACT, without lawful justification or excuse or claim of right.

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18
Q

Obstructs

A

Makes it substantially MORE DIFFICULT for a constable TO CARRY OUT THEIR DUTIES.

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19
Q

Incites any other person to obstruct

A

Rouses, stimulates, urges on another person to make it substantially more difficult for a Constable to carry out their lawful duty

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20
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 lawful duty

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21
Q

Found

A
  • Discovered on
  • Seen entering
  • Seen leaving
  • Seen
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22
Q

By night

A

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

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23
Q

Without reasonable excuse

A

No lawful, genuine or reasonable excuse.

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24
Q

Peeping or peering

A

DELIBERATELY LOOK through any window or open door.

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25
Q

Into a dwelling house

A

A residence, place of abode.

26
Q

Attempts to use

A

PHYSICALLY ATTEMPTS to use the document

27
Q

Resists

A

Uses OPPOSING FORCE to ACTIVELY RESIST the arrest process.

28
Q

In

A

Physically inside of.

29
Q

On

A

Physically on.

30
Q

Any building

A

BUILDING OR STRUCTURE whether PERMANENT OR TEMPORARY.

31
Q

Any enclosed yard

A

Any closed area.

32
Q

Any aircraft

A

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

33
Q

Any ship

A

Any vessel used in the navigation however propelled.

34
Q

Any train

A

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

35
Q

Any vehicle

A

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

36
Q

Trespasses

A

Is on ANOTHER PERSON’ S PROPERTY WITHOUT AUTHORITY or permission.

37
Q

On any place

A

At any PHYSICAL ADDRESS.

38
Q

Neglects or refuses to do so

A

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

39
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.

40
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.

41
Q

Wilfully trespasses on that place

A

The offender INTENTIONALLY, deliberately, without mistake, RETURNS TO THE PREMISES.

42
Q

Within two years

A

Within two years after the giving of the warning

43
Q

Without lawful authority or reasonable excuse

A

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

44
Q

Has with him

A

Has in their POSSESSION (OR) under their IMMEDIATE CONTROL.

45
Q

Any knife

A

Any cutting blade.

46
Q

Offensive weapon

A

ANY ARTICLE MADE, ALTERED OR INTENDED FOR CAUSING BODILY INJURY.

47
Q

Disabling substance

A

Anaesthetising or other substance produced or INTENDED FOR THE PURPOSE OF DISABLING PEOPLE.

48
Q

Has in his possession

A

Has in their POSSESSION (OR) UNDER THEIR CONTROL.

49
Q

In any place

A

ANY PLACE AT ALL; includes public and private places.

50
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.

51
Q

Any offensive weapon

A

ANY ARTICLE CAPABLE OF BEING USED FOR CAUSING BODILY INJURY.

52
Q

Dishonestly

A

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

53
Q

Without claim of right

A

NO BELIEF that the act was LAWFUL.

54
Q

Takes

A

Physically TAKES OR MOVES with no authority whatsoever.

55
Q

Obtains

A

PHYSICALLY TRANSFERS into a person’s POSSESSION, with or without authority.

56
Q

Any document

A

Something that conveys information or serves as a record.

57
Q

With intent to obtain

A

An intention to OBTAIN or RETAIN for HIMSELF OR HERSELF or ANY OTHER PERSON.

58
Q

Property

A

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

59
Q

Service

A

NON-TANGIBLE ASSISTANCE provided by another.

60
Q

Pecuniary advantage

A

AN ECONOMIC ADVANTAGE such as money or goods.

61
Q

Valuable consideration

A

A COMPENSATION OR FEE

62
Q

Uses

A

PHYSICALLY USES the document

C/L - Offences (2) (3 decks)

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