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C. Basic CL's > Definitions > Flashcards

Definitions Flashcards

1
Q

Intentionally:

A

A deliberate - OR - reckless act

Without lawful justification, excuse or claim of right

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2
Q

Damages:

A

Temporary or permanent reduction in:

Value

Usefulness

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3
Q

Property:

A

Belongs to another person

Capable of being damaged

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4
Q

Assaults:

A

Acts of intentionally applying force 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 a 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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5
Q

Another Person:

A

Another person

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6
Q

Using anything as a weapon:

A

An object of some sort

Used as a weapon

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7
Q

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

A

An object of some sort

On the offender or reasonably available

Sufficient circumstances show an intention to use the object as a weapon

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8
Q

Dishonestly:

A

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

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9
Q

Without claim of right:

A

NO BELIEF that the act was LAWFUL

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10
Q

Takes:

A

Takes - OR - Moves

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11
Q

Any property:

A

ANYTHING whatsoever

Property of any person and has value

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12
Q

With the intent to deprive any owner permanently of that property:

A

Deprive the owner permanently - OR -

DEAL WITH IT in a manner so that it CANNOT BE RESTORED TO ITS ORIGINAL CONDITION

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13
Q

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

A

Deprive the owner permanently

Of the part that they have an INTEREST

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14
Q

Uses or deals with:

A

Obtains possession or control

Exceeds the authority or conditions

BY USING OR DEALING with the property IN ANY MANNER

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15
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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16
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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17
Q

Uses (vehicle):

A

Obtains possession or control

EXCEEDS THE AUTHORITY OR CONDITIONS given by the OWNER by USING it in any manner

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18
Q

For any person’s purpose:

A

OWN or ANOTHER PERSON’S purposes

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19
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 the building or ship

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20
Q

Any Building:

A

Any building or structure

Permanent or temporary

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21
Q

Any part of any building:

A

Part of any building or structure

Permanent or temporary

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22
Q

Without authority:

A

AN ABSENCE OF AUTHORITY from

A person legally able to give consent

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23
Q

With the 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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24
Q

Having entered:

A

Is physically inside

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25
Q

Remains without authority:

A

Remains when consent to be within the…

No longer applies

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26
Q

Obtains:

A

PHYSICALLY TRANSFERS into a person’s POSSESSION

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27
Q

With intent to obtain:

A

Intent to OBTAIN or RETAIN for

Himself or herself or any other person

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28
Q

Service:

A

Non-tangible assistance

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29
Q

Pecuniary advantage:

A

An economic advantage

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30
Q

Valuable consideration:

A

A compensation or fee

31
Q

Uses (document):

A

Physically uses

32
Q

Attempts to use (document):

A

Physically attempts

33
Q

Theft:

A

Theft is complete when… (identify as appropriate)

34
Q

Accompanied by violence:

A

Actual violence immediately before or at the time of the theft

35
Q

Accompanied by threats of violence:

A

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

36
Q

To any person (robbery):

A

The person robbed or any other person

37
Q

To any property (robbery):

A

Any property whatsoever

38
Q

Used to extort the property stolen:

A

The violence or threats are sufficient to cause the person to

HAND OVER the property AGAINST THEIR WILL

39
Q

To prevent or overcome resistance to the property being stolen:

A

Property is TAKEN

AFTER ANY RESISTANCE to its taking has been PREVENTED OR OVERCOME

40
Q

Receives:

A

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

41
Q

Any property stolen (receiving):

A

Anything whatsoever

Property of any person, has value and has been stolen

42
Q

Any property obtained by any other imprisonable offence (receiving):

A

Anything whatsoever

Property of any person, has value and has been obtained by an imprisonable offence other than theft.

43
Q

Knowing that property to have been stolen or so obtained (receiving):

A

BELIEVING AT THE TIME OF RECEIVING that the property had been STOLEN or OBTAINED by any other imprisonable offence

44
Q

Being reckless as to whether the property had been stolen or so obtained (receiving):

A

Receives the property

despite the person CONSCIOUSLY TAKING an UNREASONABLE RISK that the property might be STOLEN or OBTAINED by any other imprisonable offence

45
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.

46
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 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.

47
Q

Behaves in an offensive manner:

A

arouses feelings of ANGER, RESENTMENT OR DISGUST

causes a Disturbance to public order

48
Q

Behaves in disorderly manner:

A

Seriously disruptive

causes a Disturbance to public order

49
Q

Resists:

A

uses SOME DEGREE OF FORCE

50
Q

Incites or encourages any other person to resist:

A

Urge or persuade any other person to use some degree of force

51
Q

Any constable or authorised officer or prison officer or traffic officer acting in the execution of their duty:

A

Lawfully exercising their powers

52
Q

Intentionally obstructs:

A

Deliberately making it more difficult

for a person to CARRY OUT THEIR DUTIES

53
Q

Incites or encourages any other person to obstruct:

A

Urge or persuade any other person to make it more difficult

for a person to CARRY OUT THEIR DUTIES

54
Q

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

A

Issued with a warning

To stay off the property

55
Q

Wilfully trespasses on that place:

A

Intentionally

Returns to the premises

56
Q

Has with him / Has in his possession (weapon):

A

in their possession - OR - immediate control

57
Q

Any offensive weapon:

A

Any article made, altered or intended for causing bodily injury

58
Q

Any disabling substance:

A

Intended for the purpose of disabling people

59
Q

In any place:

A

Any place at all

60
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…

61
Q

Possess (drugs):

A

KNOWINGLY in their POSSESSION

A useable quantity

62
Q

Any controlled drug:

A

Any drug listed in the first, second or third schedule of the Misuse of Drugs Act 1975

63
Q

Has in his possession (drugs):

A

In their Possession

64
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 (either currently or in the future)

65
Q

To be used for the purpose of the commission of an offence against the Misuse of Drugs Act 1975

A

To be used for the purpose of an offence against the Misuse of Drugs Act 1975 (either currently or in the future)

66
Q

Cultivates:

A

To grow

67
Q

A prohibited plant:

A

Any prohibited plant listed in section 2 of the Misuse of Drugs Act 1975

68
Q

A firearm:

A

Anything in which a PROJECTILE

can be discharged by force of explosive

69
Q

An airgun:

A

capable of discharging projectiles by the use of gas or compressed air.

70
Q

A pistol:

A

Held and fired with one hand and

includes any firearm under 762mm long

71
Q

Restricted weapon:

A

DECLARED restricted by GOVERNOR GENERAL

72
Q

In or near a public place:

A

In or near 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.

73
Q

Except for some lawful and sufficient purpose (firearms):

A

Without reasonable excuse in the circumstances

74
Q

Knowingly permits (drugs):

A

INTENTIONALLY allows

C. Basic CL's (3 decks)

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