Definitions Flashcards by Jack Whiting

What is the definition of theft?

Dishonestly appropriating property belonging to another with the intent to permanently deprive the other of it.

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What are the 3 defences to theft?

Believes they had an honest held right in law.
Believes owner would consent in circumstances
Took reasonable steps to find the owner

(Therefore not dishonest)

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What is appropriates?

The assumption of rights of the owner.

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What is property?

Money, real estate, personal property, soil and turf, cultivated plants trees.

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What’s belonging to another?

Person has possession or control over it.

Does not belong if abandoned right to owner or lost.

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What’s permanently deprive?

Sell, consume, destroy or leave it anywhere it can’t be found.

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What’s type of offence is theft?

Either way offence.

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Whats a crime scene?

Location linked to crime or where evidence can be found on crime.

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What’s a satellite scene?

Any location or person or vehicle linked to crime but not main scene.

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What’s Locards principle?

Trace evidence when 2 items meet there will always be an exchange from one to another.

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What are the 5 priorities at a crime scene?

Preserve life
Preserve scene
Identify suspect
Identify victim
Identify witness

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What are aggravating factors?

Hate crime (racially or religiously aggravated), weapons used(e.g 9 (1) (b) burglary), injuries sustained, vulnerability of victims, priority issue in business area, series of offences.

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What are some offender characteristics?

Criminal history
Resistance to police
Prolific offender
Multiple offenders

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What are serious and complex crimes?

Slavery
Drug traffiking
People traffking
Bribery
Armed robbery
Firearms offences
Blackmail

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What’s MAPPA?

Meetings to manage risks of more serious offenders in a community.

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What are police limited to searching in public to?

Jacket, outer coat, gloves and mouth.

Greater extent out of public view.

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What is a significant statement?

Statement capable of being used in evidence against suspect.

Direct admission of guilt
Failure to answer/ answer satisfactorily

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How do you record a significant statement?

Earliest opportunity in PNB- ask offender to read and sign- any refusal should be documented.

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What’s Common Assault? And it’s section?

Any intentional or reckless act which causes a person to apprehend immediate unlawful force or personal violence (doesn’t require touch)

Section 39 Criminal Justice Act

What is Battery?

Any intentional or reckless infliction of unlawful force or personal violence (physical contact)

What’s intention?

-Deliberate act
-Act rather than injury that must be intended

What’s Recklessness?

-unjustifiable risk
-defendant must realise risk but do it anyway

When can unlawful force be consented?

-lawful correction
-self defence
-execution of duty

What’s type of offence is common assault/battery?

Summary only
6 months imprisonment and or fine

What’s Actual bodily harm? (ABH) and its section?

Intentionally or recklessly assault any person thereby occasioning them. Any hurt which interferes with health and comfort but not to a considerable degree. Section 47 offences against person

What type of offence is ABH?

Either way offence 6 months summarily 5 years on indictment

What is Grevious Bodily Harm? (GBH) and its section?

Unlawfully and maliciously wounds or inflicts GBH with or without weapons or instrument. Section 20 offences against person

What’s malicious?

Cause harm intentionally/reckelssly

What’s wounding?

All layers of skin broken on body or split mouth

What is GBH with intent and its section?

Causing GBH with intent to cause GBH or intent to resist lawful apprehension Section 18 offences against person

What’s the offence type for GBH?

Either way offence

What’s the offence type for GBH with intent?

Indictment only -life imprisonment

What’s Doctrine of transferred malice?

Mistakenly cause injury or damage to person or property other than intended target. Harm has to be of the same kind.

What is criminal damage? And it’s section?

Personal unlawfully without reasonable excuse destroys or damages any property belonging to another or intending to or by being reckless. Section 1 (1) criminal damage act

What’s type of offence is criminal damage?

Either way offence.

What is aggravated criminal damage? Section 1(2) of the criminal damage act.

Destroys or damages property or intends to which belongs to himself or other and by intending to damage to endanger the life of another or being reckless to endanger another. Section 1 (2) criminal damage act

What is criminal damage by arson and its section?

Damage or destroy property with use of fire. Section 1 (3) of criminal damage act

What section 2 of the criminal damage act?

Threats to damage and destroy property.

What type of offence is threats to damage or destroy property?

Either way offence

What is Section 3 criminal damage act

possessing anything with intent to destroy or damage

What type of offence is possessing anything to damage or destroy? (Criminal damage)

Either way offence

What is an offensive weapon?

Any article made or adapted for use for causing injury to person or intended by person having it for such use.

What section is Section 1 (1) prevention of crime?

Possession of offensive weapon in public.

What is section 141 criminal justice act?

Any person who manufactures, sells, hires, or offers, exposes or has in possession for purpose of sale or hire an offensive weapon. (In public or private)

What is section 6 of the offensive weapons act?

Possession of corrosive substances.