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Criminal Liabilities 287 > Definitions > Flashcards

Definitions Flashcards

0
Q

Damages

A

Temporary or permanent reduction in the value and/or usefulness of the property

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1
Q

Intentionally

A

A deliberate OR reckless act without lawful justification, excuse or claim of right

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2
Q

Property

A

Something that belongs to another person and is capable of being damaged

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3
Q

Assault

A

Acts of intentionally applying 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 the person of another if the person making the threats has or causes the other to believe on reasonable grounds that they have the present ability to effect their purpose

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4
Q

Another person

A

It has to be another person other than the offender

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5
Q

Using anything as a weapon

A

An object of some sort whether animate or inanimate must be used as a weapon.

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6
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, whether animate or inanimate must be either on the offender or reasonably available to them. The circumstance must be sufficient to show an intention to use the object as a weapon

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7
Q

Dishonestly

A

Without a belief that there was consent or authority from the owner

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8
Q

Without claim of right

A

No belief that the act was lawful

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9
Q

Takes

A

Physically takes OR moves the property with no authority whatsoever

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10
Q

Any Property

A

Anything whatsoever, whether tangible or intangible, that is the property of any person and has value.

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11
Q

With 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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12
Q

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

A

Deprive the owner permanently of that part of the property in which they have an interest.

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13
Q

Uses or deals with

A

Obtains possession or control of the property and exceeds the authority or conditions given by using or dealing with the property in any manner

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14
Q

After obtaining possession or control of that property in whatever manner

A

Obtains possession or control of that property for himself/herself or any other person

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15
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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16
Q

Uses

A

Gains possession or control of the property, but then exceeds the authority or conditions given by the owner by using it in any manner

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17
Q

For any persons purpose

A

For their own or another persons purpose

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18
Q

Any vehicle

A

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

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19
Q

Any ship

A

And vessel used in navigation however propelled

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20
Q

Any aircraft

A

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

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21
Q

Any part of any vehicle, ship or aircraft

A

Any part removed from (use relevant definition above)

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22
Q

Any horse

A

Any type of horse

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23
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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24
Q

Any building

A

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.

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25
Q

Any ship

A

Any vessel used in navigation however propelled

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26
Q

Any part of any building

A

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.

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27
Q

Any part of any ship

A

Part of any vessel used in navigation, however propelled

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28
Q

Without authority

A

An a sense of authority, either expressed or implied from a person legally able to give consent

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29
Q

With intent to commit an imprisonable offence in the building

A

There must be an intention to commit an imprisonable offence in the building.

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30
Q

With intent to commit and imprisonable offence in the ship

A

There must be an intention to commit an imprisonable offence in the ship

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31
Q

Having entered

A

Is physically inside the building or ship

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32
Q

Remains without authority

A

Remains when consent to be within the building or ship no longer applies

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33
Q

Takes

OR

Obtains

A

Physically takes or moves with no authority whatsoever

OR

Physically transfers into a persons possession, with or without authority.

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34
Q

Any document

A

Something that conveys informations or serves as a record

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35
Q

With intent to obtain

A

An intention to obtain or retain for himself or herself or any other person

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36
Q

Property

A

Anything whatsoever, whether tangible or intangible, that is the property of any person and has value.

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37
Q

Service

A

Non-tangible assistance provided by another

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38
Q

Peculiarly advantage

A

An economic advantage such as money or goods

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39
Q

Valuable consideration

A

A compensation or fee

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40
Q

Uses
or
Attempts to use

A

Physically uses the document
or
Physically attempts to use the document

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41
Q

Theft

A

Theft is complete when… (Identify as appropriate).

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42
Q

Accompanied by violence

A

Actual violence immediately before or at the time of the theft

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43
Q

Accompanied by threats of violence

A

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

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44
Q

To any person

A

Means either the person robbed or any other person

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45
Q

To any property

A

Any property whatsoever, whether belonging to the person robbed or any other person

46
Q

Used to extort the property stolen

A

The violence or threats used by the offender are sufficient to cause the person to hand over the property against their will.

47
Q

To prevent or overcome resistance to the property being stolen

A

The property is taken by the offender after any resistance to its taking has been prevented or overcome.

48
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

49
Q

Any property stolen

A

Anything whatsoever, whether tangible or intangible that is the property of any person, has value and has been stolen

50
Q

Any property obtained by any other imprisonable offence

A

Anything whatsoever, whether tangible or intangible that is the property of any person, has value and has been obtained by an offence other than theft.

51
Q

Knowing that property to have been stolen or so obtained

A

Believing at the time of receiving that the property had been stolen or obtained by any other imprisonable offence

52
Q

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

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.

53
Q

In a public place

A

A place that at any material time, is open to or being used by the public, whether free or on payment of a charge, and whether any owner or occupier of 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 plae.

54
Q

Within view of a public place

A

Within view of a place that at any material time, is open to or being used by the public, whether free or on payment of a charge, and whether any owner or occupier of 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 plae.

55
Q

Behaves in an offensive manner

A

Behaves in a manner arousing feelings of anger, resentment or disgust that causes a disturbance to public order

56
Q

Behaves in a disorderly manner

A

Behaves in a seriously disruptive manner that causes a disturbance to public order.

57
Q

Resists

A

Use some degree of force by the offender

58
Q

Incites or encourages any other person to resist

A

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

59
Q

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

A

The person must have been lawfully exercising their powers

60
Q

Intentionally obstructs

A

Deliberately making it more difficult for a person to carry out their duties

61
Q

Incites or encourages any other person to obstruct

A

Urge or persuade any other person to make it more difficult for the person to carry out their duties.

62
Q

Found

A
  • Discovered on
  • Seen entering
  • Seen leaving
  • Seen
63
Q

Without reasonable excuse

A

No lawful, genuine or reasonable excuse.

64
Q

In

A

Physically inside of

65
Q

On

A

Physically on

66
Q

Any enclosed yard

A

Any closed area

67
Q

Any train

A

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

68
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.

69
Q

Willfully trespasses on that place

A

The offender intentionally, deliberately, without mistake, returns to the premises.

70
Q

Within two years

A

Within two years after the giving of the warning

71
Q

Without lawful authority or reasonable excuse

A

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

72
Q

Has with him

A

Has in their possession
OR
Under their immediate control.

73
Q

Any knife

A

Any cutting blade

74
Q

Any offensive weapon

202A(4)(a)

A

Any article made, altered or intended for causing bodily injury

75
Q

Any disabling substance

A

Anesthetising or other substance produced or intended for the purpose of disabling people

76
Q

Has in his possession

A

Has in their possession
OR
Under their control

77
Q

In any place

A

Any place at all:includes public and private

78
Q

Any offensive weapon

202A(4)(b)

A

Any article capable of being used for causing bodily injury.

79
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.

80
Q

Interferes with

A

Touches or deals with in any way

81
Q

Procure

A

Means to purchase or obtain

82
Q

Possess

A

Knowingly has in their possession or under their control, a usable quantity

83
Q

Consume

A

Ingest (eat or drink)

84
Q

Smoke

A

Inhale smoke

85
Q

Otherwise use

A

Use of a drug in any manner whatsoever other than above

86
Q

Any controlled drug

A

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

87
Q

Any pipe

A

A container where material is burnt and the smoke is inhaled

88
Q

Any utensil

A

Instrument, vessel or implement for drug use

89
Q

For the purpose of the commission of an offence against the Misuse of Drugs Act 1975

A

An intention on the part of the possessor to use for the purpose of an offence against the Misuse of Drugs Act 1975 (either currently or in the future).

90
Q

Knowingly permits

A

Intentionally allows

91
Q

Any premises

A

Land, building or structure including its surroundings

92
Q

Motor vehicle

A

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

93
Q

Other mode of conveyance

A

Any other means of transport

94
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)

95
Q

Cultivates

A

To grow or germinate (includes to sow or plant)

96
Q

A prohibited plant

A

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

97
Q

Without reasonable cause

A

No genuine or reasonable excuse depending on the circumstances

98
Q

Discharges

A

Fires, or releases or lets go.

99
Q

A firearm

A

Anything from which a shot, bullet, or other projectile can be discharged by force of explosive.

100
Q

Airgun

A

anything which is capable of discharging projectiles by the use of gas or compressed air

101
Q

Pistol

A

Any firearm designed or adapted to be held and fired with one hand and includes any firearm under 762mm long.

102
Q

Restricted weapon

A

Any weapon declared as a restricted weapon by the governor general eg Molotov cocktails.

103
Q

In or near a dwelling house

A

Inside or in the near vicinity of a residence or place of abode.

104
Q

In or near a public place

A

In or near a place that, at any material time…….

105
Q

Except for some lawful and sufficient purpose

A

Without legal right or justification, or genuine reasonable excuse in the circumstances.

106
Q

Presents

A

Brandishing, deploying or displaying in a threatening way

107
Q

Firearm

A

Anything from which a shot, bullet, or other projectile can be discharged by force of explosive.

108
Q

At any other person

A

Must be another person

109
Q

Except for lawful proper and sufficient purpose

A

Without legal right or justification, or genuine reasonable excuse in the circumstances

110
Q

Carries

A

Actually has the weapon on or about him or her

111
Q

Is in posession of

A

In their possession or under their control

112
Q

Explosives

A

Any substance capable of exploding or producing a pyrotechnic effect

Criminal Liabilities 287 (2 decks)

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