Elements Flashcards
What is Dishonesty proven by?
Without a belief that there was consent or authority from the owner
What is “without claim of right” proven by?
No belief in a right to own or possess the property.
What is “Takes” proven by?
Physically moves the property.
(Slightest movement is enough)
What is “any property” proven by?
Anything whatsoever, whether tangible or intangible, this is property of any person and has value
What is “with intent to deprive” proven by?
An intent to deprive the owner permanently of the property
Or
Deals with the property in a manner so that it cannot be restored to its original condition.
What is “enters” proven by?
Entry is complete as soon as any part of the body of the person or any part of any instrument used by that person, is within the building or ship.
What is “any building” proven by?
Any building or structure of any description whether permanent or temporary.
What is “without authority” proven by?
An absences of authority, either expressed or implied, from a person the defendant believes is legally able to give consent
What is “with intent to commit an imprisonable offence” proven by?
There must be an intention to commit an imprisonable offence in the building or ship
What is “remains without authority” proven by?
Remains when consent to be within the building or ship no longer applies
What section justifies the use of force when arresting or executing a warrant?
Section 39 of the crimes act 1961
What section justifies the use of force to prevent the avoidance of arrest or escape?
Section 40 of the Crimes act 1961
What section of the Crimes Act 1961 justifies you using force to prevent suicide
Section 41 of the Crimes Act 1961
Use of force justification when witnessing a breach of the peace comes from which Act and Section?
Crimes Act 1961, Section 42
What does Section 48 of the Crimes Act, 1961 justifies using force for?
To protect ourselves or others
