Elements Flashcards
2 Elements of Assault
1) Assaults
2) Another Person
4 Elements of “Theft by taking”
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
6 Elements of “Theft by Use or Dealing”
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
4 Elements of “Burglary”
CA 1961 S231(1)(a)
CA 1961 S231(1)(a)
- ENTERS
entry is complete when any part of body/instrument is within - ANY BUILD/SHIP/YARD OR PART OF
- WITHOUT AUTHORITY
an absence of authority from a person legally able to give consent - WITH INTENT TO COMMIT IMPRISONABLE OFFENCE IN SHIP/BUILDING
3 Elements of ‘receiving stolen property’
- RECEIVES
either exclusively/jointly with thief/any person has possession/control over anything unlawfully obtained/helps concealment/disposal - ANY PROPERTY STOLEN/OBTAIN BY IMPRISONABLE OFFENCE
- KNOWING/BEING RECKLESS AS TO WHETHER THAT PROPERTY TO HAVE BEEN STOLEN OR SO OBTAINED
4 Elements of “Robbery”
- THEFT
is complete when.. (4 elements) - ACOMMPANIED BY VIOLENCE/THREATS
violence/threat before or during theft - TO ANY PERSON/PROPERTY
- USED TO EXTORT OR PREVENT/OVERCOME RESISTANCE TO PROPERTY STOLEN
3 Elements of “Willful damage 11(a)”
1) Intentionally
2) Damages
3) Property
3 Elements of “Wilful damage 11(b)”
1) Intentionally
2) Sets fire to
3) Any tree or vegetation
4 Elements of “Burglary (Having entered)”
CA 1961 S231(1)(b)
CA 1961 S231(1)(b)
- 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
4 elements for Unlawful Interferes with Vehicle
- DISHONESTLY
without a belief there was consent/authority from owner - WIHTOU CLAIM OF RIGHT
no belief in right to own/possess the property - INTERFERES WITH
touches or deals with in any way - ANY VEHICLE/SHIP/AIRCRAFT
4 elements for Unlawfully getting into OR upon
- DISHONESTLY
without a belief there was consent/authority from owner - WITHOUT CLAIM OF RIGHT
no belief in right to own/possess the property - GETS INTO/UPON
physically gets into/upon - ANY VEHICLE/SHIP/AIRCRAFT
6 elements for unlawfully takes OR uses a motor vehicle
- DISHONESTLY
without a belief there was consent/authority from owner - WITHOUT CLAIM OF RIGHT
no belief in right to own/possess the property - BUT NOT SO AS TO BE GUILTY OF THEFT
unable to prove an intention to permanently deprive the owner - TAKES or USES
physically moves the property/exceeds authority - FOR ANY PERSONS PURPOSE
for their own/another persons purpose - ANY OR PART OF VEHICLE/SHIP/AIRCRAFT/HORSE
2 elements of Fighting in a Public Place
- FIGHTS
punching, striking etc between 2+ willing people - IN A PUBLIC PLACE
2 elements of Offence or Disorderly Behaviour
- IN A PUBLIC PLACE/WITHIN VIEW OF PUBLIC PLACE
- 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
2 elements for Resisting police
- 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. - ANY CONSTABLE/AUTHORISED OFFICER/TRAFFIC OFFICER ACTING IN EXECUTION OF THEIR DUTY
person must be exercising their lawful powers
2 elements for Obstruction (resisting police)
- 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 - ANY CONSTABLE/AUTHORISED OFFICER/TRAFFIC OFFICER ACTING IN EXECUTION OF THEIR DUTY
person must be exercising their lawful powers
4 elements of Being Found on Property Without Reasonable Excuse (Building/Transport)
- FOUND
to be seen/discovered/upon - WITHOUT REASONABLE EXCUSE
- IN OR ON
physically inside of/on - ANY BUILDING/AIRCRAFT/SHIP/TRAIN/VEHICLE
4 elements of Trespass after warning to leave S3
- TRESPASSES
is on another person property without authority/permission - ON ANY PLACE
at any physical address - AFTER BEING WARNED OTO LEAVE THAT PLACE BY AN OCCUPIER OF THAT PLACE
must be told to leave by lawful occupier - NEGLECTS OR REFUSES TO DO SO
person must be given reasonable time to leave
3 elements of trespass after previous warning S4
- BEING A PERSON WHO HAS BEEN WARNED UNDER S4 TO STAY OFF ANY PLACE
issued with a warning, verbal/writing, to stay away - WILFULLY TRESPASSES ON THAT PLACE
intentionally/deliberately/without mistake returns - WITHIN TWO YEARS
3 elements of indecent exposure
- IN OR WITHIN VIEW OF A PUBLIC PLACE
- INTENTIONALLY AND OBSCENELY
deliberate/voluntarily and not on accident/reasonable person would regard it with “loathing, disgust and revulsion” - EXPOSES ANY PART OF HIS OR HER GENITALS
penis/testes of a male. vulva/vagina of female.
3 elements of indecent act in public place
- WILFULLY DOES
deliberate/voluntarily and not on accident - ANY INDECENT ACT
not conforming with generally accepted standards of behaviour - IN ANY PLACE TO WHICH THE PUBLIC HAVE OR ARE PERMITTED TO HAVE ACCESS OR WITHIN VIEW OF SUCH PLACE
3 elements of indecent act with intent to insult or offend
- WITH INTENT TO INSULT OR OFFEND ANY PERSON
done deliberately, on purpose aiming to cause offence
and outrage to ANY person - DOES ANY INDECENT ACT
- IN ANY PLACE
includes private and public
3 elements of indecent assault
- INDECENTLY
not conforming with generally accepted standards of behaviour - ASSAULTS
intentionally applying/attempt force , directly/indirectly, or by threats/gestures - ANOTHER PERSON
