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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
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.
25
Any ship
Any vessel used in navigation however propelled
26
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.
27
Any part of any ship
Part of any vessel used in navigation, however propelled
28
Without authority
An a sense of authority, either expressed or implied from a person legally able to give consent
29
With intent to commit an imprisonable offence in the building
There must be an intention to commit an imprisonable offence in the building.
30
With intent to commit and imprisonable offence in the ship
There must be an intention to commit an imprisonable offence in the ship
31
Having entered
Is physically inside the building or ship
32
Remains without authority
Remains when consent to be within the building or ship no longer applies
33
Takes OR Obtains
Physically takes or moves with no authority whatsoever OR Physically transfers into a persons possession, with or without authority.
34
Any document
Something that conveys informations or serves as a record
35
With intent to obtain
An intention to obtain or retain for himself or herself or any other person
36
Property
Anything whatsoever, whether tangible or intangible, that is the property of any person and has value.
37
Service
Non-tangible assistance provided by another
38
Peculiarly advantage
An economic advantage such as money or goods
39
Valuable consideration
A compensation or fee
40
Uses or Attempts to use
Physically uses the document or Physically attempts to use the document
41
Theft
Theft is complete when... (Identify as appropriate).
42
Accompanied by violence
Actual violence immediately before or at the time of the theft
43
Accompanied by threats of violence
Threat of violence before or at the time of theft, demonstrated by conduct or words.
44
To any person
Means either the person robbed or any other person
45
To any property
Any property whatsoever, whether belonging to the person robbed or any other person
46
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.
47
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.
48
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
49
Any property stolen
Anything whatsoever, whether tangible or intangible that is the property of any person, has value and has been stolen
50
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 offence other than theft.
51
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 any other imprisonable offence
52
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.
53
In a public place
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
Within view of a public place
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
Behaves in an offensive manner
Behaves in a manner arousing feelings of anger, resentment or disgust that causes a disturbance to public order
56
Behaves in a disorderly manner
Behaves in a seriously disruptive manner that causes a disturbance to public order.
57
Resists
Use some degree of force by the offender
58
Incites or encourages any other person to resist
Urge or persuade any other person to use some degree of force
59
Any constable or authorized officer or prison officer or traffic officer acting in the execution of their duty
The person must have been lawfully exercising their powers
60
Intentionally obstructs
Deliberately making it more difficult for a person to carry out their duties
61
Incites or encourages any other person to obstruct
Urge or persuade any other person to make it more difficult for the person to carry out their duties.
62
Found
- Discovered on - Seen entering - Seen leaving - Seen
63
Without reasonable excuse
No lawful, genuine or reasonable excuse.
64
In
Physically inside of
65
On
Physically on
66
Any enclosed yard
Any closed area
67
Any train
Any vehicle that runs on, or uses, a railway line.
68
Being a person who has been warned under section 4 to stay off any place
A person who has been issued with a warning, either verbally or in writing, to stay off a property.
69
Willfully trespasses on that place
The offender intentionally, deliberately, without mistake, returns to the premises.
70
Within two years
Within two years after the giving of the warning
71
Without lawful authority or reasonable excuse
Without a legal right or justification, authority or permission. No lawful, genuine or reasonable excuse.
72
Has with him
Has in their possession OR Under their immediate control.
73
Any knife
Any cutting blade
74
Any offensive weapon | 202A(4)(a)
Any article made, altered or intended for causing bodily injury
75
Any disabling substance
Anesthetising or other substance produced or intended for the purpose of disabling people
76
Has in his possession
Has in their possession OR Under their control
77
In any place
Any place at all:includes public and private
78
Any offensive weapon | 202A(4)(b)
Any article capable of being used for causing bodily injury.
79
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
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
Interferes with
Touches or deals with in any way
81
Procure
Means to purchase or obtain
82
Possess
Knowingly has in their possession or under their control, a usable quantity
83
Consume
Ingest (eat or drink)
84
Smoke
Inhale smoke
85
Otherwise use
Use of a drug in any manner whatsoever other than above
86
Any controlled drug
Any drug listed in the first, second or third schedule of the Misuse of Drugs Act 1975
87
Any pipe
A container where material is burnt and the smoke is inhaled
88
Any utensil
Instrument, vessel or implement for drug use
89
For the purpose of the commission of an offence against the Misuse of Drugs Act 1975
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
Knowingly permits
Intentionally allows
91
Any premises
Land, building or structure including its surroundings
92
Motor vehicle
A contrivance equipped with wheels, tacks or revolving runners on which it moves or is moved.
93
Other mode of conveyance
Any other means of transport
94
To be used for the purpose of the commission of an offence against the Misuse of Drugs Act 1975
To be used for the purpose of an offence against the Misuse of Drugs Act 1975 (either currently or in the future)
95
Cultivates
To grow or germinate (includes to sow or plant)
96
A prohibited plant
Any prohibited plant listed in section 2 of the Misuse of Drugs Act 1975
97
Without reasonable cause
No genuine or reasonable excuse depending on the circumstances
98
Discharges
Fires, or releases or lets go.
99
A firearm
Anything from which a shot, bullet, or other projectile can be discharged by force of explosive.
100
Airgun
anything which is capable of discharging projectiles by the use of gas or compressed air
101
Pistol
Any firearm designed or adapted to be held and fired with one hand and includes any firearm under 762mm long.
102
Restricted weapon
Any weapon declared as a restricted weapon by the governor general eg Molotov cocktails.
103
In or near a dwelling house
Inside or in the near vicinity of a residence or place of abode.
104
In or near a public place
In or near a place that, at any material time.......
105
Except for some lawful and sufficient purpose
Without legal right or justification, or genuine reasonable excuse in the circumstances.
106
Presents
Brandishing, deploying or displaying in a threatening way
107
Firearm
Anything from which a shot, bullet, or other projectile can be discharged by force of explosive.
108
At any other person
Must be another person
109
Except for lawful proper and sufficient purpose
Without legal right or justification, or genuine reasonable excuse in the circumstances
110
Carries
Actually has the weapon on or about him or her
111
Is in posession of
In their possession or under their control
112
Explosives
Any substance capable of exploding or producing a pyrotechnic effect

Criminal Liabilities 287 (2 decks)

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