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352 Elements > Elements > Flashcards

Elements Flashcards

1
Q

Preparing to commit an imprisonable offence.

Soa 1981 section 28

A
  • found
  • in any public place
  • behaving in a manner from which it can be reasonably inferred that the person is
  • preparing to commit an imprisonable offence.
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2
Q

Wilful damage SOA1981 section 11 (1) (a)

A
  • intentionally
  • damages
  • property
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2
Q

Wilful damage SOA1981 section 11 (1) (b)

A
  • intentionally
  • sets fire to
  • any tree or vegetation
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3
Q

Common assault crimes act and Summary offences act

  • elements
  • sections
  • penalty
A

CA1961 s196 SOA1981 s9
CA1961 1 year SOA1981 6months/$4000
-assaults
-another person

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4
Q

Inconsiderate or careless use section 37 LTA1998

A
  • operates
  • a vehicle
  • on a road
  • carelessly OR without reasonable consideration for other road users.
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5
Q

Reckless or dangerous driving LTA1998 section 35

A
  • operates
  • a motor vehicle
  • on a road
  • recklessly OR in a manner/speed which may be dangerous to any public/any person.
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6
Q

Unlawful takes vehicle CA1961 226

A
  • dishonestly
  • without claim of right
  • but not as to be guilty of theft
  • takes
  • for his or her own purposes OR another person’s purposes
  • any vehicle OR any ship OR any aircraft OR any part of any vehicle, ship or aircraft OR any horse
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7
Q

Unlawful uses vehicle CA1961 226

A
  • dishonestly
  • without claim of right
  • but not as to be guilty of theft
  • uses
  • for his or her own purposes OR another person’s purposes
  • any vehicle OR any ship OR any aircraft OR any part of any vehicle, ship or aircraft OR anyhorse
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8
Q

Unlawful interferes with vehicle CA1961 226

2 years

A
  • dishonestly
  • without claim of right
  • interferes with
  • any vehicle OR any ship OR any aircraft
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9
Q

Resisting police SOA1981 s23 (a)

A
  • Resists OR Incites or encourages any other person to resist
  • Any constable or authorised officer or prison officer or traffic office acting in the execution of their duty.
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10
Q

Obstruction (resisting police) SOA1981 s23 (a)

A
  • Intentionally obstructs OR Incites or encourages any other person to obstruct
  • Any constable or authorised officer or prison officer or traffic officer acting in the execution of their duty
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11
Q

Offensive OR disorderly behaviour SOA1981 s4 (1) (a)

A
  • In a public place OR within view of a public place

- behaves in an offensive manner OR behaves in a disorderly manner.

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12
Q

Receiving CA1961 s246 and 247

A
  • Receives
  • Any property stolen OR Any property obtained by any other imprisonable offence.
  • Knowing that property to have been stolen or so obtained Or being reckless to whether the property had been stolen or so obtained.
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13
Q

Robbery CA1961 s234

A
  • Theft
  • Accompanied by violence OR accompanied by threats of violence
  • To any person OR to any property
  • Used to extort the property stolen OR to prevent or overcome resistance to the property being stolen
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14
Q

Burglary (having entered) CA1961 s231 (1) (b)

A
  • Having entered
  • Any building OR any ship
  • Remains without authority
  • With intent to commit an imprisonable offence in the building OR with intent to commit an imprisonable offence in the ship
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15
Q

Burglary CA1961 s231 (1) (a)

A
  • Enters
  • Any building OR any ship OR any part of a building Or any part of a ship
  • Without authority
  • With intent to commit an imprisonable offence in the building OR with intent to commit an imprisonable offence in the ship
16
Q

Theft CA1961 s219 (uses or deals)

A
  • Dishonestly
  • Without claim of right
  • Uses or deals with
  • Any property
  • With intent to deprive any owner permanently of that property OR with intent to deprive any owner permanently of any interest in that property
  • After obtaining possession or control of the property in whatever manner.
17
Q

Theft (by taking) CA1961 s219

A
  • Dishonestly
  • Without claim of right
  • Takes
  • Any property
  • With intent to deprive any owner permanently of that property OR with intent to deprive any owner permanently of any interest in that property
18
Q

Being found on property without reasonable excuse (building /Transport) SOA1961 s29 (1) (a/c)

A
  • Found
  • Without reasonable excuse
  • in OR on
  • Any building OR any aircraft OR any hovercraft OR any ship, ferry or other vessel OR any train OR any vehicle
19
Q

Being found on property without reasonable excuse (enclosed yard) SOA1981 s29 (1) (b)

A
  • Found
  • Without reasonable excuse
  • In
  • Any enclosed yard or other such area
20
Q

Unlawfully getting into OR upon CA1961 s226

A
  • Dishonestly
  • Without claim of right
  • Gets into OR gets upon
  • Any vehicle OR any ship OR any aircraft.
21
Q

Trespass after warning to leave TA1980 s3 (1) and 11 (2) (a)

A
  • Trespasses
  • on any place
  • After being warned to leave that place by any occupier of that place
  • Neglects or refuses to do so
22
Q

Trespass after previous warnings TA1980 s4 (4) and 11 (2) (a)

A
  • Being a person who has been warned under section 4 to stay off any place
  • Wilfully trespasses on that place
  • within two years
23
Q

Permits use of premises OR permits use of Vehicle MODA1975 S12

A
  • Knowingly permits
  • Any premises OR any motor vehicle OR any other mode of conveyance
  • To be used for the purpose of the commission of an offence against the Misuse of Drugs Act 1975
24
Q

Cultivation of prohibited plants MODA1975 s9

A
  • Cultivates

- A prohibited plant

25
Q

Possession OR use of controlled drugs MODA1975 s7

A
  • Procure OR possess OR consume OR smoke OR otherwise use

- Any controlled drug

26
Q

Possession of offensive weapons or Disabling Substances (in public) CA1961 202A (4) (a)

A
  • Without lawful authority or reasonable excuse
  • Has with him or her
  • in any public place
  • Any knife OR any offensive weapon Or any disabling substance
27
Q

Possession of offensive weapons or disabling substances (in any place) CA1961 202A (4) (b)

A
  • Has in his or her possession
  • In any place
  • Any offensive weapon OR any disabling substance
  • 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
28
Q

Indecent exposure SOA1981 section 27

A
  • In a public place OR within view of a public place
  • Intentionally and obscenely
  • Exposes any part of his or her genitals
29
Q

Indecent act in public place CA1961 s125

A
  • Wilfully does
  • any indecent act
  • in a place to which the public have or are permitted to have access OR within view of such place
30
Q

Indecent act with intent to insult or offend CA1961 s126

A
  • With intent to insult or offend any person
  • Does any indecent act
  • in any place
31
Q

Indecent assault CA1961 s135

A
  • Indecently
  • Assaults
  • Another person

352 Elements (17 decks)

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