Element Defenitions Flashcards
Learn descriptions of legal terms
Intentionally
A deliberate act, without lawful justification, excuse or claim of right, or
A reckless act “ “
Damages
Temporary or permanent reduction in value and/or usefulness of the property.
Property
Something that belongs to another person and is capable of being damaged.
Assaults?
Act of intentionally applying or attempting to apply force to another person directly or indirectly.
OR
Threatening by act or gesture to apply force to another, and if the person effected believes threat can be carried out.
Public place?
At anytime able to be used by the public.
Whether free or paid.
Owner lawfully entitled to exclude or eject.
Place, aircraft, hovercraft, ship or ferry or other vessel carrying or available to carry passengers for reward.
Interior of vehicle in public place.
Any property?
Anything tangible or intangible
Property of any person that has value
Property?
Belongs to another person,
Capable of being damaged.
Without claim of right?
No belief in a right to own or possess the property.
Without authority?
Absence of authority,
Expressed or implied from person
Legally able to give consent.
Interferes with?
Touches or deals with in any way.
But not so as to be guilty of theft?
Unable to prove intention to permanently deprive the owner.
Uses? Unlawful Uses Vehicle
Gains possession or control, exceeds authority or conditions.
Gets into/Gets upon?
Physically gets into/upon.
Trespasses?
Is on another person’s property without authority or permission.
After being warned to leave that place by an occupier of that place? Trespasses
Must be told to leave by
The lawful occupier of that address.
Neglects or refuses to do so? Trespasses
After warning, neglects or refuses to leave.
Person must give reasonable time to leave.
Dishonestly?
Without a belief that there was consent or authority from the owner.
Uses? (Unlawful Uses Vehicle)
Gains possession or control, exceeds authority or conditions.
Fights?
Fighting is punching, striking, mauling, wrestling, etc, between two or more willing participants.
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?
Deliberately making it more difficult for a person to carry out their duties.
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.
Without lawful authority or excuse?
Without a legal right or justification, authority or permission, No lawful or genuine or reasonable excuse.
Has in his possession?
In their possession or under their immediate control.
With intent to use for such a purpose? (possession of instruments)
With intention to use the instrument to take or convert.
Found?
To be seen, discovered, come upon.
Any enclosed yard or other such area?
An enclosed yard, garden or area, appurtenant(attached) to a building.
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?
Offender intentionally, deliberately, without mistake, returns to the premises.
Within two years?
Within two years after giving of the warning.
Preparing to commit an imprisonable offence?
Category 2,3,4 (imprisonable offence)
Procure?
Means to purchase or obtain.
Possess?
Knowingly has in their possession or under their control, a usable quantity.
Consume?
Ingest (eat or drink)
Any controlled drug?
Any drug listed in the first, second or third schedule of the MODA 1975.
Cultivates?
To grow or germinate (includes sow or plant)
A prohibited planet?
Any prohibited plant listed in s2 of the MODA 1975.
Knowingly permits?
Intentionally allows.
Any premises? (permits use of premise/vehicle)
Land, building or structure including its surroundings.
Any utensil?
Instrument, vessel or implement for drug use.
Any knife?
Any cutting blade.
Any offensive weapon?
Any article made/altered/intended for use for causing bodily injury.
Any disabling substance?
Anaesthetising or other substance produced or intended for the purpose of disabling people.
In any place? (possession of Offensive Wpns or Disabling substance)
Any place; includes public or private.
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 offender show on the “face of it” they intend to use it to commit an offence involving some form of bodily injury, or threat or fear of violence.
Intentionally? (Indecent exposure)
Act of exposure required it to be deliberate or voluntarily & not accidental.
and Obscenely? (Indecent exposure)
Reasonable observer would regard it “loathing, disgust & revulsion”, given time, place and circumstances.
Exposes any part of his or her genitals?
Penis, testes of male, vula and vagina of female. Some part of organ must be ‘exposed’, ‘visable’.
Wilfully does? (Indecent act PP)
deliberate or voluntary & not accidental.
Any Indecent act.
“not conforming with generally accepted standards of behaviour, especially in relation to sexual matters”.
Offensive weapon (public place)?
Any article made/alerted/intended for use for causing bodily injury.
Offensive weapon (any place)?
Any article capable of being used for causing bodily injury.
Indecent?
Not conforming with generally accepted standards of behaviour, especially in relation to sexual matters.
Offensive?
Lothing, disgust or revulsion.
Presents? (weapons)
Brandishes, deploys or displays in a threatening way.
Except for some lawful, proper and sufficient purpose.
Without legal right or justification, or genuine reasonable excuse in the circumstances.
Carries.
Actually ha’s the the weapon on our about him out her.
Is in possession of.
In their possession or under their control.
Firearm.
Anything from which a shot, bullet or other projectile can be discharged by force if explosive.
Air gun.
Anything which is capable of discharging projectiles by the use of gas or compressed air.
Pistol.
Any firearm design or adapted to be held and fired with one hand and includes any firearm under 762mm long.
Presents. (Firearm)
Brandishes, displays or deploys in a threatening way.
Restricted weapon.
Any weapon declared as a restricted weapon by the Governor General.
