Elements Flashcards
Assault
- Assaults
- Another person
Wilful Damage (property)
- Intentionally
- Damages
- Property
Wilful Damage (vegetation)
- Intentionally
- Sets fire to
- Any tree or vegetation
Theft
- Dishonestly
- Without claim of right
- Takes
- Any property
- With intent to deprive any owner permanently of that property, OR of interest in that property
Robbery
- Theft (all elements MUST be proved)
- 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
Receiving (stolen property)
- Receives
- Any property stolen, OR Any property obtained by any other imprisonable offence
- Knowing that property to be stolen, OR Being reckless as to whether the property had been stolen or so obtained
Burglary (enters)
- Enters
- Any building, OR ship, OR any part of a building, OR part of a ship
- Without authority
- With intent to commit an imprisonable offence in the building, OR in the ship
Burglary (having entered)
- Having entered
- Any building, OR any ship
- Remains without authority
- With intent to commit an imprisonable offence in the building, OR ship
Being Found on Property Without Reasonable Excuse (enclosed yard/area)
- Found
- Without reasonable excuse
- In
- Any enclosed yard, garden or area appurtenant to a building
Being Found on Property Without Reasonable Excuse (building/transport)
- Found
- Without reasonable excuse
- In, OR On
- Any building, OR Aircraft, OR hovercraft, OR ship, ferry or other vessel, OR train, OR any vehicle
Trespass (after warning to leave)
- Trespasses
- On any place
- After being warned to leave that place by an occupier of that place
- Neglects or refuses to do so
Trespass (after previous warning)
- Being a person who has been warned under Section 4 to stay off any place
- Wilfully trespasses on that place
- Within two years
Resisting Police
- Resists, OR incites or encourages any other person to resist
- Any constable or authorised officer or traffic officer acting in the execution of their duty
Obstruction (resisting police)
- Obstructs, OR incites or encourages any other person to obstruct
- Any constable or authorised officer or traffic officer acting in the execution of their duty
Fighting in a Public Place
- Fights (two or more willing participants)
- In a public place
Offensive, OR Disorderly Behaviour
- In a public place, OR Within view of a public place
- Behaves in an offensive manner, OR Behaves in a disorderly manner
Unlawful Takes Vehicle
- Dishonestly
- Without claim of right
- But no so as to be guilty of theft
- Takes
- For his or her own purposes, OR Another person’s purposes
- Any vehicle, OR ship, OR Aircraft, OR Any part of any vehicle, ship or aircraft, OR Any horse
Unlawful Uses Vehicle
- Dishonestly
- Without claim of right
- But not so as to be guilty of theft
- Uses
- For his or her own purposes, OR Another person’s purposes
- Any vehicle, OR Ship, OR Aircraft, OR Any part of any vehicle, ship or aircraft, OR Any Horse
Unlawful Interferes with Vehicle
- Dishonestly
- Without claim of right
- Interferes with
- An Vehicle, OR Ship, OR Aircraft
Unlawfully getting into OR upon
- Dishonestly
- Without claim of right
- Gets into, OR Gets upon
- Any Vehicle, OR Ship, OR Aircraft
Possession of Offensive Weapons or Disabling Substances (public place)
- 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
Possession of Offensive Weapons or Disabling Substances (any place)
- 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
Indecent Exposure
- In OR Within view of a public place
- Intentionally and Obscenely
- Exposes any part of his or her genitals
Indecent Act in Public Place
- Wilfully does
- Any indecent act
- In any place to which the public have or are permitted to have access OR within view of any such place
Indecent Act with Intent to Insult or Offend
- With intent to insult or offend any person
- Does any indecent act
- In any place
Indecent Assault
- Indecently
- Assaults
- Another Person
Unlawful Carriage OR Possession of a firearm OR Airgun OR Pistol OR Prohibited Magazine OR Restricted Weapon OR Explosive
- Except for some lawful, proper and sufficient purpose
- Carries OR Is in possession of
- Firearm OR Airgun OR Pistol OR Prohibited Magazine OR Restricted Weapon OR Explosives
Unlawful Possession of Prohibited firearm
- In possession of
- A prohibited firearm
- Not authorised or permitted to be in possession by the Act
Carrying an imitation firearm
- Except for some lawful, proper and sufficient purpose
- Carries
- An imitation firearm
Discharging firearm OR Airgun OR Pistol OR Restricted Weapon in or near a dwelling house OR Public Place
- Without reasonable cause
- Discharges
- A Firearm OR Airgun OR Pistol OR Restricted Weapon
- In or near a dwelling house OR In or near a public place
- So as to endanger property OR So as to endanger any person OR So as to annoy any person OR So as to frighten any person
Presenting a firearm at other person
- Except for some lawful and sufficient purpose
- Presents
- Firearm (other than prohibited) OR Airgun OR Pistol OR Restricted Weapon
- At any other person
Presenting anything
- Except for some lawful and sufficient purpose
- Presents
- At any other person
- Anything
- In the circumstances, is likely to lead that person to believe that it is a Firearm (other than prohibited) OR Airgun OR Pistol OR Restricted Weapon
Cultivation of Prohibited Plants
- Cultivates
- A prohibited plant
Permits Use of Premises OR Permits Use of Vehicle
- 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
