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3. OFFENCES > Elements > Flashcards

Elements Flashcards

1
Q

2 Elements of Assault

A

1) Assaults

2) Another Person

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2
Q

4 Elements of “Theft by taking”

A

1) Dishonestly
2) Without claim of right
3) Takes
4) Any Property
5) With the intention of permanently depriving any owner of that property
OR
with the intention of permanently depriving any owner of any interest in that property

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3
Q

6 Elements of “Theft by Use or Dealing”

A

1) Dishonestly
2) Without claim of right
3) Uses or deals with
4) Any property
5) With intent to deprive any owner permanently of that property
OR
with intent to deprive any owner permanently of any interest in that property
6) After obtaining possession or control of that property in whatever manner

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4
Q

4 Elements of “Burglary”

CA 1961 S231(1)(a)

A

CA 1961 S231(1)(a)

  1. ENTERS
    entry is complete when any part of body/instrument is within
  2. ANY BUILD/SHIP/YARD OR PART OF
  3. WITHOUT AUTHORITY
    an absence of authority from a person legally able to give consent
  4. WITH INTENT TO COMMIT IMPRISONABLE OFFENCE IN SHIP/BUILDING
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5
Q

3 Elements of ‘receiving stolen property’

A
  1. RECEIVES
    either exclusively/jointly with thief/any person has possession/control over anything unlawfully obtained/helps concealment/disposal
  2. ANY PROPERTY STOLEN/OBTAIN BY IMPRISONABLE OFFENCE
  3. KNOWING/BEING RECKLESS AS TO WHETHER THAT PROPERTY TO HAVE BEEN STOLEN OR SO OBTAINED
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6
Q

4 Elements of “Robbery”

A
  1. THEFT
    is complete when.. (4 elements)
  2. ACOMMPANIED BY VIOLENCE/THREATS
    violence/threat before or during theft
  3. TO ANY PERSON/PROPERTY
  4. USED TO EXTORT OR PREVENT/OVERCOME RESISTANCE TO PROPERTY STOLEN
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7
Q

3 Elements of “Willful damage 11(a)”

A

1) Intentionally
2) Damages
3) Property

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8
Q

3 Elements of “Wilful damage 11(b)”

A

1) Intentionally
2) Sets fire to
3) Any tree or vegetation

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9
Q

4 Elements of “Burglary (Having entered)”

CA 1961 S231(1)(b)

A

CA 1961 S231(1)(b)

  1. Having entered
    2) Any building
    OR
    Any ship
    3) Remains without authority
    4) With intent to commit an imprisonable offence in the building
    OR
    Ship
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10
Q

4 elements for Unlawful Interferes with Vehicle

A
  1. DISHONESTLY
    without a belief there was consent/authority from owner
  2. WIHTOU CLAIM OF RIGHT
    no belief in right to own/possess the property
  3. INTERFERES WITH
    touches or deals with in any way
  4. ANY VEHICLE/SHIP/AIRCRAFT
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11
Q

4 elements for Unlawfully getting into OR upon

A
  1. DISHONESTLY
    without a belief there was consent/authority from owner
  2. WITHOUT CLAIM OF RIGHT
    no belief in right to own/possess the property
  3. GETS INTO/UPON
    physically gets into/upon
  4. ANY VEHICLE/SHIP/AIRCRAFT
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12
Q

6 elements for unlawfully takes OR uses a motor vehicle

A
  1. DISHONESTLY
    without a belief there was consent/authority from owner
  2. WITHOUT CLAIM OF RIGHT
    no belief in right to own/possess the property
  3. BUT NOT SO AS TO BE GUILTY OF THEFT
    unable to prove an intention to permanently deprive the owner
  4. TAKES or USES
    physically moves the property/exceeds authority
  5. FOR ANY PERSONS PURPOSE
    for their own/another persons purpose
  6. ANY OR PART OF VEHICLE/SHIP/AIRCRAFT/HORSE
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13
Q

2 elements of Fighting in a Public Place

A
  1. FIGHTS
    punching, striking etc between 2+ willing people
  2. IN A PUBLIC PLACE
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14
Q

2 elements of Offence or Disorderly Behaviour

A
  1. IN A PUBLIC PLACE/WITHIN VIEW OF PUBLIC PLACE
  2. BEHAVES IN AN OFFENSIVE/DISORDERLY MANNER
    in a manner arousing feelings of anger, resentment or disgust/seriously disruptive manner that causes disturbance to public order
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15
Q

2 elements for Resisting police

A
  1. RESISTS/INCITIES OR ENCOURAGES ANY OTHER PERSON TO RESIST
    requires some degree of force by the offender/urge or persuade any other person to use some degree of force.
  2. ANY CONSTABLE/AUTHORISED OFFICER/TRAFFIC OFFICER ACTING IN EXECUTION OF THEIR DUTY
    person must be exercising their lawful powers
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16
Q

2 elements for Obstruction (resisting police)

A
  1. INTENTIONALLY OBSTRUCTS/INCITES OR ENCOURAGES ANY OTHER PERSON TO OBSTRUCT
    deliberately making it difficult/urge or persuade any other person to make it more difficult to carry out their duties
  2. ANY CONSTABLE/AUTHORISED OFFICER/TRAFFIC OFFICER ACTING IN EXECUTION OF THEIR DUTY
    person must be exercising their lawful powers
17
Q

4 elements of Being Found on Property Without Reasonable Excuse (Building/Transport)

A
  1. FOUND
    to be seen/discovered/upon
  2. WITHOUT REASONABLE EXCUSE
  3. IN OR ON
    physically inside of/on
  4. ANY BUILDING/AIRCRAFT/SHIP/TRAIN/VEHICLE
18
Q

4 elements of Trespass after warning to leave S3

A
  1. TRESPASSES
    is on another person property without authority/permission
  2. ON ANY PLACE
    at any physical address
  3. AFTER BEING WARNED OTO LEAVE THAT PLACE BY AN OCCUPIER OF THAT PLACE
    must be told to leave by lawful occupier
  4. NEGLECTS OR REFUSES TO DO SO
    person must be given reasonable time to leave
19
Q

3 elements of trespass after previous warning S4

A
  1. BEING A PERSON WHO HAS BEEN WARNED UNDER S4 TO STAY OFF ANY PLACE
    issued with a warning, verbal/writing, to stay away
  2. WILFULLY TRESPASSES ON THAT PLACE
    intentionally/deliberately/without mistake returns
  3. WITHIN TWO YEARS
20
Q

3 elements of indecent exposure

A
  1. IN OR WITHIN VIEW OF A PUBLIC PLACE
  2. INTENTIONALLY AND OBSCENELY
    deliberate/voluntarily and not on accident/reasonable person would regard it with “loathing, disgust and revulsion”
  3. EXPOSES ANY PART OF HIS OR HER GENITALS
    penis/testes of a male. vulva/vagina of female.
21
Q

3 elements of indecent act in public place

A
  1. WILFULLY DOES
    deliberate/voluntarily and not on accident
  2. ANY INDECENT ACT
    not conforming with generally accepted standards of behaviour
  3. IN ANY PLACE TO WHICH THE PUBLIC HAVE OR ARE PERMITTED TO HAVE ACCESS OR WITHIN VIEW OF SUCH PLACE
22
Q

3 elements of indecent act with intent to insult or offend

A
  1. WITH INTENT TO INSULT OR OFFEND ANY PERSON
    done deliberately, on purpose aiming to cause offence
    and outrage to ANY person
  2. DOES ANY INDECENT ACT
  3. IN ANY PLACE
    includes private and public
23
Q

3 elements of indecent assault

A
  1. INDECENTLY
    not conforming with generally accepted standards of behaviour
  2. ASSAULTS
    intentionally applying/attempt force , directly/indirectly, or by threats/gestures
  3. ANOTHER PERSON

3. OFFENCES (21 decks)

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