Element Focus

Question 1

What are the elements of burglary (enters)?

S231 CA1961

Answer 1

ENTERS -entry is complete as soon as any part of body is within

ANY BUILDING OR SHIP -permanent or temporary structure

WITHOUT AUTHORITY -an absence of authority, a person the defendant legally believes is able to give consent.

WITH INTENT TO COMMIT IMPRISONABLE OFFENCE IN BUILDING OR SHIP

Question 2

What are the elements of burglary (having entered)?

S231 CA1961

Answer 2

HAVING ENTERED -entry is complete as soon as any part of body inside physically

ANY BUILDING OR SHIP -permanent or temporary structure

REMAINS WITHOUT AUTHORITY -remains when consent no longer applies

WITH INTENT TO COMMIT IMPRISONABLE OFFENCE IN BUILDING OR SHIP

Question 3

What are the elements of Robbery?

Section 234 of CA 1961

Answer 3

THEFT - theft is complete when

ACCOMPANIED BY VIOLENCE OR THREATS OF VIOLENCE - threatened or did violence BEFORE OR AT TIME OF the theft. Demonstrated by (verbal or actions).

TO ANY PERSON OR PROPERTY - any person/property aside from the person being robbed

USED TO EXTORT PROPERTY STOLEN OR TO PREVENT OR OVERCOME RESISTANCE TO THE PROPERTY BEING STOLEN - the violence or threats were sufficient to cause hand over against their will. OR taken after any resistance prevented or overcome.

Question 4

What are the elements of Theft(takes)?

Answer 4

DISHONESTLY - without a belief of consent / authority from owner.

WITHOUT CLAIM OF RIGHT - no belief in right to own or possess the property

TAKES - physically moves the property

ANY PROPERTY - anything tangible or intangible that has value and property of another person

WITH INTENT TO DEPRIVE OWNER PERMANENTLY OF PROPERTY/ INTEREST IN PROPERTY.

Question 5

What are the elements of theft (uses or deals)?

Answer 5

DISHONESTLY - without a belief their was consent or authority from owner

WITHOUT CLAIM OF RIGHT- no belief in right to own or possess property

USES OR DEALS WITH - exceeds authority or conditions by using or dealing in any manner

ANY PROPERTY - anything tangible or intangible. Value. Other persons property

INTENT TO DEPRIVE OWNER PERM OR OF INTEREST.

AFTER OBTAINING POSSESSION OR CONTROL OF PROPERTY IN WHATEVER MANNER - For himself or anyone else

Question 6

What are the elements of receiving?

Crimes Act 1961
Section 246 and 247

Answer 6

RECEIVES either exclusively or jointly/ thief or any other person / has possession or control
Over anything unlawfully obtained or helps in its concealment or disposal.

ANY PROPERTY STOLEN OR OBTAINED BY ANY OTHER IMPRISONABLE OFFENCE

KNOWING THAT PROPERTY TO HAVE BEEN STOLEM OF SO OBTAINED OR being reckless AS TO whether the PROPERTY HAD BEEN STOLEN.

Question 7

What are the elements for Wilful Damage?

Summary Offences Act 1981 Section 11

Answer 7

INTENTIONALLY - a deliberate act, without lawful justification, excuse or claim of right or reckless act without lawful justification or claim of right

DAMAGES PROPERTY temporary or permanent reduction in the value and or usefulness of property

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

OR

INTENTIONALLY - deliberate or reckless act without lawful justification, excuse or claim of right

SETS FIRE TO - damages through use of fire

ANY TREE OF VEGETATION- any growing plant