definitions of elements Flashcards
Assaults
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.
another person
it has to be another person other than the offender.
dishonestly
Without belief that there was consent or authority from the owner
without claim of right
no belief in the right to own or possess the property.
Takes
physically moves
any property
Anything whatsoever, whether tangible or intangible, that is the property o any person and has a value.
With intent to deprive any owner permanently of that property
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
With intent to deprive any owner permanently of any interest in that property
an intent to deprive any owner permanently of that part of the property in which they have an interest.
Uses or deals with
exceeds the authority or conditions given by using or dealing with the property in any manner
after obtaining possession or control of that property in whatever manner
legally obtained possession or control of that property for himself/herself or any other person
Enters
entry is complete as soon as any part of the body or any part of an instrument used is within the building or ship
Any building
any ship
any building or structure temporary or permanent
any vessel used in navigation
without authority
an absence of authority, either express or implied from the person the defendant believes is legally able to give consent
with intent to commit an imprisonable offence
there was be an intention to commit a cat 2,3 or 4 offence
having entered
is physically inside
remains without authority
remains when consent to be within the building or ship no longer applies
accompanied by violence or threats of violence
violence or threats of violence before or at the time
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
to prevent or overcome resistance to the property being stolen
the property is taken by the offender after resistance to its taking has been prevented or overcome
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.
any property obtained by any other imprisonable offence
anything whatsoever that is the property of any person, has a value and has been obtained by an imprisonable offence other than theft.
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.
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.
but not so as to be guilty of theft
unable to prove an intention to permanently deprive the owner
any aircraft
any machine that can derive support in the atmosphere from the reaction of the air
interferes with
touches or deals with in any way
Gets into OR gets upon
physically gets into or upon
intentionally
a deliberate OR reckless act, without lawful justification, excuse or claim of right where the possible consequences are foreseen but continues to act regardless.
Damages
temporary or permanent reduction in value and/or usefulness
property
something that belongs to another person and is capable of being damaged
sets fire to
damages through use of fire
any tree or vegetation
any growing plant
fights
punching, kicking,mauling ect by two or more willing participants.
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 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.
behaves in an offensive manner
behaves in a manner arousing feelings of anger, resentment or disgust that causes a disturbance to public order.
behaves in a disorderly manner
behaves in a seriously disruptive manner that causes a disturbance to public order
resists
requires some degree of force by the offender
incites or encourages any other person to resist
urges or persuade any other person to use some degree of force.
any constable or authorised officer or prison officer or traffic officer acting in the execution of their duty
the person must have been lawfully exercising their powers
- intentionally obstructs
- incites or encourages any other person to obstruct
- 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
trespasses
is on another person’s property without authority or permission
on any place
at any physical address
after being warned to leave that place by an occupier of that place
must be told to leave by the lawful occupier of that address
neglects or refuses to do so
after the warning, neglects or refuses to leave. Must be given reasonable time to leave
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
wilfully trespasses on that place
the offender intentionally, deliberately, without mistake, returns to the premises
found
to be seen, to be discovered, to come upon
any enclosed yard or other such area
an enclosed yard, garden or area, appurtenant to a building
without lawful authority or reasonable excuse
without a legal right or justification, authority or permission, no; lawful, genuine or reasonable excuse
Any knife
any cutting blade
any offensive weapon 202A 4 a
Any article made, altered or intended to cause bodily injury
any disabling substance
intended for the purpose of disabling people
in any place
any place; includes public and private places
Any offensive weapon 202A 4 b
an article capable of causing bodily injury
in circumstances that prima facie show an intention to use it commit an offence involving bodily injury or the threat or fear of violence
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
obscenely
reasonable observer would regard it with loathing, disgust or revulsion
Genitals
Penis, testies, vulva and vagina
wilfully does
deliberately or voluntarily and not accidental.
indecent
Not conforming to generally acceptable standards of behaviour, especially in relation to sexual matters
procure
purchase or obtain
possess
knowingly has in their possession or under their control a usable quantity
consume
ingest (eat or drink)
smoke
inhale smoke
otherwise use
use a drug in any manner whatsoever
any controlled drug
any drug listed in the 1st, 2nd, or 3rd schedule of the Misuse of Drugs Act 1975
cultivates
promote germination
A prohibited plant
Any prohibited plant listed in section 2 of the Misuse of Drugs Act 1975
Knowingly permits
intentionally allows
any premises
land building or structure including surroundings
any other mode of conveyance
any other means of transport
any pipe
a container where material is burnt and the smoke is inhaled
any utensil
instrument, vessel or implement for drug use
Offensive behavior
Behaves in a manner arousing feelings of anger, resentment or disgust that causes a disturbance to the public.
Disorderly behavior
Behaves in a seriously disruptive manner that causes a disturbance to public order
