Elements Flashcards
Elements of Burglary S231(1) CA1961
-Enters
-Any Building
OR
Any Ship
OR
Any part of a building
OR
Any part of a ship
-Without authority
-With intent to commit and imprisonable offence in the building
OR
With intent to commit and imprisonable offence in a ship
Elements of Wilful Damage S11(1)(a) SOA1981
- Intentionally
- Damages
- Property
Elements of Wilful Damage S11(1)(b) SOA1981
- Intentionally
- Sets fire to
- Any tree or vegetation
Elements of Assault S9 SOA1981 and S196 CA1961
- Assaults
- another person
Elements of Assaults with a Weapon S202C(a) CA1961
- Assaults
- another person
- using anything as a weapon
Elements of Assaults with a Weapon S202C(b) CA1961
- while assaulting another person
- has anything with him or her
- in circumstances that prima facie show an intent to use it as a weapon
Elements of Theft S219(1)(a) CA1961
- 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.
Elements of Theft S219(1)(b) CA1961
- 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 that property in whatever manner.
Elements of Burglary (Having Entered) S231(1)(b) CA1961
- 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
Elements of Robbery S234(1) CA1961
- 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
Elements of Receiving S246(1) CA1961
- 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 as to whether the property had been stolen or so obtained
Elements of Unlawful Takes Vehicle (Conversion of Vehicle)? S226 CA1961
- Dishonestly
- Without claim of right
- But not so as to be guilty of theft
- Takes
- For his or her own purposes
OR
Another persons purposes - Any vehicle
OR
Any ship
OR
Any aircraft
OR
Any part of any vehicle, ship or aircraft
OR
Any horse
Elements of Unlawful Uses Vehicle (Conversion of Vehicle)? S226 CA1961
- Dishonestly
- Without claim of right
- But not so as to be guilty of theft
- Uses
- For his or her own purposes
OR
Another persons purposes - Any vehicle
OR
Any ship
OR
Any aircraft
OR
Any part of any vehicle, ship or aircraft
OR
Any horse
Elements of Unlawful Interferes with Vehicle (Conversion of Vehicle)? S226(2) CA1961
- Dishonestly
- Without claim of right
- Interferes with
- Any vehicle
OR
Any ship
OR
Any aircraft
Elements of Unlawfully Getting Into OR Upon? S226(2) CA1961
- Dishonetly
- Without claim of right
- Gets into
OR
Gets upon - Any vehicle
OR
Any ship
OR
Any aircraft
Elements of Possession of Instruments? S227 CA1961
- Without lawful authority or excuse
- Has in his possession
- Any instrument capable of being used for taking or converting
- Any vehicle
OR
Any ship
OR
Any aircraft - With intent to use for such a purpose
Elements of Preparing to Commit an Imprisonable Offence? S28 SOA1981
- 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
Elements of Offensive OR Disorderly Behaviour? S4(1)(a) SOA1981
- In a public place OR Within view of a public place - Behaves in an offensive manner OR Behaves in a disorderly manner
Elements of Fighting in a Public Place? S7 SOA1981
- Fights
- In a public place
Elements of Excreting in a Public Place? S32(1) SOA1981
- Urinates or defecates
- In any public place
Elements of Resisting Police? S23(a) SOA1981
- Resists
OR
Incites or encourages any other person to resist - Any constable or authorised officer or prison officer or traffic officer acting in the execution of their duty
Elements of Obstruction (Resisting Police)? S23(a) SOA1981
- Intentionally obstructs
OR
Incites or encourages any other person to obsturct - Any constable or authorised officer or prison officer or traffic officer acting in the execution of their duty
Elements of Trespass After Warning to Leave? S3(1) TA1980
- Trespasses
- On any place
- After being warned to leave that place by an occupier of that place
- Neglects or refuses to do so
Elements of Trespass After Previous Warnings? S4(4) TA1980
- Being a person who has been warned under Section 4 to stay off any place
- Wilfully trespasses on that place
- Within 2 years
Elements of Being Found on Property Without Reasonable Excuse(Building/Transport)? S29(1)(a) & (c) SOA1981
- 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
Elements of Being Found on Property Without Reasonable Excuse (Enclosed Yard or Area) S29(1)(b) SOA1981
- Found
- Without reasonable excuse
- In
- Any enclosed yard or other such area
Elements of Possession of Offensive Weapons or Disabling Substances (Public Place)? S202A(4)(a) CA
- 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
Elements of Possession of Offensive Weapons or Disabling Substances (Any Place)? S202A(4)(b) CA1961
- 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
Elements of Indecent Exposure? S27 SOA1981
- In a public place OR Within view of a public place - Intentionally and obscenely - Exposes any part of his or her genitals
Elements of Indecent Act in Public Place? S125 CA1961
- 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
Elements of Indecent Act with Intent to Insult or Offend? S126 CA1961
- With intent to insult or offend any person
- Does any indecent act
- In any place
Elements of Indecent Assault? S135 CA1961
- Indecently
- Assaults
- Another person
Elements of Possession OR Use of Controlled Drugs? S7 MoDA1975
- Procure OR Possess OR Consume OR Smoke OR Otherwise use - Any controlled drug
Elements of Cultivation of Prohibited Plants? S9 MoDA1975
- Cultivates
- A prohibited plant
Elements of Permits use of Premises OR
Permits use of Vehicle? S12 MoDA1975
- 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
Elements of Possession of Instruments? S13 MoDA1975
- Has in his possession
- Any pipe
OR
Any untensil - For the purpose of the commission of an offence against the Misuse of Drugs Act 1975.
Elements of Unlawful Carriage OR Possession of a Firearm OR Airgun OR Pistol OR Prohibited Magazine OR Restricted Weapon OR Explosive? S45 AA1983
- 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
Elements of Unlawful Possession of Prohibited Firearm? S50A AA1983
- In possession of
- A prohibited firearm
- Not authorised or permitted to be in possession by the Act
Elements of Carrying an Imitation Firearm? S49 AA1983
- Except for some lawful, proper and sufficient purpose
- Carries
- An imitation firearm
Elements of Discharging Firearm OR Airgun OR Pistol OR Restricted Weapon in or near a dwelling house OR public place? S48 AA1983
- 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
Elements of Presenting a Firearm at Other Person? S52 AA1983
- Except for some lawful and sufficient purpose
- Presents
- Firearm (other than a prohibited firearm)
OR
Airgun
OR
Pistol
OR
Restricted weapon - At any other person
Elements of Presenting Anything? S52 AA1983
- 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 a prohibited firearm)
OR
Airgun
OR
Pistol
OR
Restricted weapon
