Elements (1) (2) Flashcards
Assault
- Assaults (Direct, indirect, conditional or transfer of malice)
- Another person
Assault with Weapon elements
- Assault
- Another person
• Using anything as a weapon OR
Having anything with him or her in circumstances that prima facie show an intention to use it as a weapon
Wilful Damage (property)
- Intentionally
- Damages
- Property
Wilful Damage (vegetation)
- Intentionally
- Sets fire to
- Any tree or vegetation
Theft (takes)
- Dishonestly
- Without claim of right
- Takes
- Any property
- With intent to deprive any owner permanently of that property (OR of any interest in that property)
Theft (using or dealing) elements
- Dishonestly
- Without claim of right
- Uses or deals with
- Any property
- With intent to deprive any owner permanently of that property (OR of any interest in that property)
- After obtaining possession or control of that property in whatever manner
Burglary (enters) elements
- Enters
- Any building OR ship (OR part of building OR ship)
- Without authority
- With intent to commit an imprisonable offence in the building OR ship
Burglary (having entered)
- Having entered
- Any building OR ship
- Remains without authority
- With intent to commit an imprisonable offence in the building OR ship
Aggravated Burglary elements
- While committing a burglary
* Has a weapon with them (OR uses anything as a weapon)
Robbery
- Theft (All elements of theft must be present)
- Accompanied by violence (OR by threats of violence)
- To any person (OR to any property)
- Used to extort the property stolen (OR to prevent to overcome resistance to the property being stolen)
What is/makes it Aggravated Robbery
- A person robs another person (All elements of robbery must be present)
- And either:
- 2 or more people commit offence or
- Armed with offensive weapon or
- Causes GBH
Take/Obtain Document
- Dishonestly
- Without claim of right
- Takes (OR obtains)
- Any document
- With intent to obtain
- Property (OR service OR pecuniary advantage OR valuable consideration)
Uses/attempts to use document
- Dishonestly
- Without claim of right
- Uses (OR attempts to use)
- Any document
- With intent to obtain
- Property (OR service OR pecuniary advantage OR valuable consideration)
Receiving
- Receives
- Any property stolen (OR obtained by any other imprisonable offence)
- Knowing that property to have been stolen or so obtained OR
- Being reckless as to whether the property had been stolen or so obtained
Unlawful takes/uses vehicle elements
- Dishonestly
- Without claim of right
- But not so as to be guilty of theft
- Takes OR uses
- For his or her own purposes (OR another person’s purposes)
- Any vehicle (OR ship OR aircraft OR any part of any vehicle OR ship OR aircraft OR horse)
Unlawful gets into/upon any vehicle
- Dishonestly
- Without claim of right
- Gets into OR upon
- Any vehicle (OR ship OR aircraft)
Possession of instruments (for unlawful taking)
- Without lawful authority (OR excuse)
- Had in his possession
- Any instruments capable of being used for taking (OR converting)
- Any vehicle (OR ship OR aircraft)
- With intent to use for such a purpose
Unlawful interferes with vehicle
- Dishonestly
- Without claim of right
- Interferes with
- Any vehicle (OR ship OR aircraft)
Trespass (warned to leave) elements
- Trespasses
- On any place
- After being warned to leave that place by an occupier of that place
- Neglects OR refuses to do so
Trespass (within 2 years)
- Being a person who has been warned under Section 4 to stay off any place
- Wilfully trespassed on that place
- Within 2 years
Unlawfully on property
- Found
- Without reasonable excuse
- In OR on
- Any building (OR aircraft OR ship OR vessel OR train OR vehicle)
Unlawfully in enclosed yard
- Found
- Without reasonable excuse
- In
- An enclosed yard (OR such an area)
Fighting in public place
- Fights
* In a public place
Disorderly/offensive behaviour elements
- In a public place (OR within view of a public place)
* Behaves in an offensive manner OR disorderly manner
Public place definition
- 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 that place is lawfully entitled to exclude or eject that person form that place
- And includes any aircraft, hovercraft, ship, ferry, other vessel, train, vehicle
- That is carrying or available to carry passengers for reward
- And includes the interior of any vehicle which is in a public place
Resists Police
- Resists (OR incites or encourages any other person to resist)
- Any constable, authorised officer, prison officer or traffic officer acting in the execution of their duty
Obstructs Police elements
- Intentionally obstructs (OR incites or encourages any other person to obstruct)
- Any constable, authorised officer, prison officer or traffic officer acting in the execution of their duty
Indecent Exposure elements
In OR within view of a public place
Intentionally and obscenely
Exposes any part of his or her genitals
Defence for this offence
The defendant proves that they had RGTB that they would not be observed
