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352 Elements > definitions of elements > Flashcards

definitions of elements Flashcards

1
Q

Assaults

A

The act of intentionally applying or attempting to apply force to another person directly or indirectly or threating by any act or gesture to apply such force to another if the person making the threat has, or causes the other to believe on reasonable grounds he has the present ability to affect their purpose.

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2
Q

another person

A

it has to be another person other than the offender.

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3
Q

dishonestly

A

Without belief that there was consent or authority from the owner

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4
Q

without claim of right

A

no belief in the right to own or possess the property.

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5
Q

Takes

A

physically moves

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6
Q

any property

A

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

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7
Q

With intent to deprive any owner permanently of that property

A

An intent to deprive the owner permanently of the property OR deal with the property in a manner so that it can not be restored to its original condition

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8
Q

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

A

an intent to deprive any owner permanently of that part of the property in which they have an interest.

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9
Q

Uses or deals with

A

exceeds the authority or conditions given by using or dealing with the property in any manner

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10
Q

after obtaining possession or control of that property in whatever manner

A

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

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11
Q

Enters

A

entry is complete as soon as any part of the body or any part of an instrument used is within the building or ship

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12
Q

Any building

any ship

A

any building or structure temporary or permanent

any vessel used in navigation

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13
Q

without authority

A

an absence of authority, either express or implied from the person the defendant believes is legally able to give consent

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14
Q

with intent to commit an imprisonable offence

A

there was be an intention to commit a cat 2,3 or 4 offence

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15
Q

having entered

A

is physically inside

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16
Q

remains without authority

A

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

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17
Q

accompanied by violence or threats of violence

A

violence or threats of violence before or at the time

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18
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

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19
Q

to prevent or overcome resistance to the property being stolen

A

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

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20
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.

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21
Q

any property obtained by any other imprisonable offence

A

anything whatsoever that is the property of any person, has a value and has been obtained by an imprisonable offence other than theft.

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22
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.

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23
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.

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24
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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25
Q

any aircraft

A

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

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26
Q

interferes with

A

touches or deals with in any way

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27
Q

Gets into OR gets upon

A

physically gets into or upon

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28
Q

intentionally

A

a deliberate OR reckless act, without lawful justification, excuse or claim of right where the possible consequences are foreseen but continues to act regardless.

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29
Q

Damages

A

temporary or permanent reduction in value and/or usefulness

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30
Q

property

A

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

31
Q

sets fire to

A

damages through use of fire

32
Q

any tree or vegetation

A

any growing plant

33
Q

fights

A

punching, kicking,mauling ect by two or more willing participants.

34
Q

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 the place is lawfully entitled to exclude or eject any person from that place; and includes any aircraft, hovercraft, ship, ferry, other vessel, train, or vehicle carrying or available to carry passengers for reward. Also includes any interior of any vehicle in a public place.

35
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.

36
Q

behaves in a disorderly manner

A

behaves in a seriously disruptive manner that causes a disturbance to public order

37
Q

resists

A

requires some degree of force by the offender

38
Q

incites or encourages any other person to resist

A

urges or persuade any other person to use some degree of force.

39
Q

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

A

the person must have been lawfully exercising their powers

40
Q
  • intentionally obstructs

- incites or encourages any other person to obstruct

A
  • deliberately making it more difficult for a person to carry out their duties
  • urge or persuade any person to make it more difficult for the person to carry out their duties
41
Q

trespasses

A

is on another person’s property without authority or permission

42
Q

on any place

A

at any physical address

43
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

44
Q

neglects or refuses to do so

A

after the warning, neglects or refuses to leave. Must be given reasonable time to leave

45
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

46
Q

wilfully trespasses on that place

A

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

47
Q

found

A

to be seen, to be discovered, to come upon

48
Q

any enclosed yard or other such area

A

an enclosed yard, garden or area, appurtenant to a building

49
Q

without lawful authority or reasonable excuse

A

without a legal right or justification, authority or permission, no; lawful, genuine or reasonable excuse

50
Q

Any knife

A

any cutting blade

51
Q

any offensive weapon 202A 4 a

A

Any article made, altered or intended to cause bodily injury

52
Q

any disabling substance

A

intended for the purpose of disabling people

53
Q

in any place

A

any place; includes public and private places

54
Q

Any offensive weapon 202A 4 b

A

an article capable of causing bodily injury

55
Q

in circumstances that prima facie show an intention to use it commit an offence involving bodily injury or the threat or fear of violence

A

Actions by the offender show the person is intentionally going to use it to commit an offence involving some form of bodily injury, or the threat or fear of violence

56
Q

obscenely

A

reasonable observer would regard it with loathing, disgust or revulsion

57
Q

Genitals

A

Penis, testies, vulva and vagina

58
Q

wilfully does

A

deliberately or voluntarily and not accidental.

59
Q

indecent

A

Not conforming to generally acceptable standards of behaviour, especially in relation to sexual matters

60
Q

procure

A

purchase or obtain

61
Q

possess

A

knowingly has in their possession or under their control a usable quantity

62
Q

consume

A

ingest (eat or drink)

63
Q

smoke

A

inhale smoke

64
Q

otherwise use

A

use a drug in any manner whatsoever

65
Q

any controlled drug

A

any drug listed in the 1st, 2nd, or 3rd schedule of the Misuse of Drugs Act 1975

66
Q

cultivates

A

promote germination

67
Q

A prohibited plant

A

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

68
Q

Knowingly permits

A

intentionally allows

69
Q

any premises

A

land building or structure including surroundings

70
Q

any other mode of conveyance

A

any other means of transport

71
Q

any pipe

A

a container where material is burnt and the smoke is inhaled

72
Q

any utensil

A

instrument, vessel or implement for drug use

73
Q

Offensive behavior

A

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

74
Q

Disorderly behavior

A

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

352 Elements (17 decks)

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