ELEMENTS Flashcards
Crimes Act 1961 Section 219 (1) (a) Theft
Elements: - Dishonestly - Without Claim of right. - Takes - Any Property - With the intent to deprive any owner permanently of that property or - With the intent to deprive any owner permanently of any interest in that property.
Crimes Act 1961 Section 219 (1) (a) Theft (using or dealing)
Elements:
- Dishonestly
- Without Claim of right.
- Uses or deals with
- Any Property
- With the intent to deprive any owner permanently of that property
or
- With the 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 Assault:
- Assaults
- Another Person
ASSAULTS: Acts of intentionally applying or attempting to apply force to the person of another, directly or indirectly,
OR
Threatening by any act or gesture to apply such force to the person of another, if the person making the threat has, or causes the other to believe on reasonable grounds that they have, the present ability to effect their purpose.
ANOTHER PERSON: It has to be another person other than the offender
What are the Elements of Wilful Damage
- Intentionally
- Damages
- Property
OR - sets fire to
- any tree or vegetation
Elements of section 3 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.
elements of Section 4 Trespass after warning to stay off
- Being a person who has been warned under section 4 to stay off any place..
- wilfully trespasses on that place
- within 2 years
Summary Offences Act 1981 Section 7: Fighting in a public place.
Elements:
- Fights
- In a public place
$1000 fine
Summary Offences Act 1981 Section 4(1)(a) Offensive or Disorderly Behaviour.
Elements: - In a public place. or - Within view of a public place - Behaves in an offensive manner or - behaves in a disorderly manner. $1000 Fine
Summary Offences Act 1981 Section 32 (1) Excreting in a public place.
Elements:
- Urinates or defecates
- In any public place.
Crimes Act 1961 Section 231 (1) (a) Burglary
Elements: - Enters - Any Building or - Any ship or - Any part of a building. or - Any part of a ship - Without authority - With the intent to commit an imprisonable offence with in that building. or - Ship
Crimes Act 1961 Section 231 (1) (b) Burglary (having entered)
Elements: - Having entered. - Any building or - Any ship - Remains without authority - With the intent to commit an imprisonable offence with in that building. or - Ship
Crimes Act 1961 Section 219 (1) (a) Theft
Elements: - Dishonestly - Without Claim of right. - Takes - Any Property - With the intent to deprive any owner permanently of that property or - With the intent to deprive any owner permanently of any interest in that property.
Crimes Act 1961 Section 219 (1) (a) Theft (using or dealing)
Elements:
- Dishonestly
- Without Claim of right.
- Uses or deals with
- Any Property
- With the intent to deprive any owner permanently of that property
or
- With the intent to deprive any owner permanently of any interest in that property.
- After obtaining possession or control of that property in whatever manner.
Crimes Act 1961 S234 Robbery
Elements: - Theft - Accompanied by violence OR - Accompanied with 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.
Crimes Act 1961 S246 (1) Receives
-Receives
-Any property stolen
OR
-Any property obtained by any other imprisonable offence
- knowing that property to be stolen or so obtained.
OR
- being reckless as to whether the property had been stolen or so obtained
Crimes Act 1961 S226 (1) Unlawful takes vehicle
-Dishonestly
- Without claim of right
- But not 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
Crimes Act 1961 S226 (1) Unlawful uses vehicle
-Dishonestly
- Without claim of right
- But not 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
Crimes Act 1961 S226 (2) Unlawful Interferes with Vehicle
- Dishonestly
- Without claim of right
- Interferes with
- Any vehicle
OR - Any ship
OR - Any aircraft
Crimes Act 1961 S226 (2) Unlawful gets into OR upon
- Dishonestly
- Without claim or right
- Gets into
OR - Gets upon
- Any vehicle
OR - Any ship
OR - Any aircraft
Crimes Act 1961 S227 Possession of Instruments
- 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 202A (4) (a) of 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
ELEMENTS 202A (4) (b) of 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
ELEMENTS 202C Assaults with a weapon
- Assaults
- Another Person
- Using anything as a weapon
OR - Having anything with them that prima facie show an intent to use it as a weapon.
ELEMENTS 11A Graffiti, Vandalism, tagging, defacing
- without lawful authority
- without the consent of the occupier or owner or other person in lawful control.
- damages or defaces any building, structure, road, tree, property, or other thing
ELEMENTS 11B Possession of graffiti implements
Without reasonable excuse
Has in his or her possession
a thing capable of being used to commit an offence against section 11A
In the circumstances in which it can be reasonably be inferred that he or she intends to use it to commit such an offence.
Summary Offences Act 1981, Section 29(1)(a) or 29(1)(c) - Being Found on Property Without Reasonable Excuse (Building/Transport)
- 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
Summary Offences Act 1981, Section 29(1)(b) - Being Found on Property Without Reasonable Excuse (Enclosed yard or area)
- Found
- Without reasonable excuse
- In
- Any enclosed yard or other such area
Summary Offence Act 1981 - Section 27 - Indecent Exposure.
- In OR - Within view of a public place - Intentionally and Obscenely - Exposes any part of his or her genitals
Definition – Indecent Act
“Not conforming with generally accepted standards of behaviour, especially in relation to sexual matters”.
Crimes Act 1961 - Section 125 - 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.
Crimes Act 1961 - Section 126 - Indecent Act with Intent to Insult or Offend
- With intent to insult or offend any person
- Does any indecent act
- In any place
Crimes Act 1961 - Section 135 - Indecent Assault
- Indecently assaults
- Another person
Crimes Act 1961 – Section 216H - Intimate Visual Recordings Offence
It is an offence for everyone who intentionally or recklessly makes an intimate visual recording of another person.
The Crimes Act 1961 - Section 128 (1)(a) - Sexual Violation
A person who rapes another person.
The Crimes Act 1961 - Section 128 (1)(b) - Sexual Violation
buy Unlawful Sexual Connection.
Any person having unlawful sexual connection with another person.
Arms Act 1983, Section 45(1)(a) OR 45(1)(b) - Carrying or possessing firearms, etc, except for lawful, proper, and sufficient purpose
- 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
Arms Act 1983, Section 50A - Unlawful possession of prohibited firearm
- In possession of
- A prohibited firearm
- Not authorised or permitted to be in possession by the Act
Arms Act 1983, Section 50D - Unlawfully carrying or possessing prohibited firearm in public place
- Without lawful purpose
- Carries
OR - In possession of
- A prohibited firearm
- In a public place
Arms Act 1983, section 46(1) - Carrying an imitation firearm
- Except for some lawful, proper and sufficient purpose
- Carries
- An imitation firearm
Arms Act 1983, Section 48(a) OR 48(b) - Discharging firearm, airgun, pistol, or restricted weapon in or near dwellinghouse 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
Arms Act 1983, section 52(1) - Presenting firearm, airgun, pistol, or restricted weapon at other person.
- Except for some lawful and sufficient purpose
- Presents
- Firearm(other than a prohibited firearm)
OR - Air gun
OR - Pistol
OR - Restricted weapon
- At any other person
Arms Act 1983, section 52(2) - 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 a prohibited firearm)
OR - Air gun
OR - Pistol
OR - Restricted weapon
Summary Offences Act 1981, Section 28 - Being found in public place preparing to commit offence.
- 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
Land Transport Act 1998 Section 37 - Contravention of section 8 (Careless use)
- Operates
- a Vehicle
- on a Road
- Carelessly (D502)
or - Without Reasonable Consideration for Other Road Users (D401)
Land Transport Act 1998 Section 35 - Contravention of section 7, or section 22 where no injury or death involved (Reckless or dangerous driving).
- Operates
- a Motor Vehicle
- on a Road
- Recklessly(D101)
OR - in a Manner / Speed which may be dangerous to any public / any person (D201)
Land Transport Act 1998 Section 36A (1) (a) - Contravention of section 22A (Engaging in unauthorised street or drag racing).
- A person commits an offence if the person
- Operates a vehicle
- In a race
- In an unnecessary exhibition of speed or acceleration
- On a road incontravention ofsection 22A(1)
Land Transport Act 1998 Section 36A (1) (b) - Contravention of section 22A (Engaging in unauthorised street or drag racing).
- Without reasonable excuse
- Places on A road
- Intentionally pours on to
- Allows to spill onto
- A road
- Any petrol, oil, or diesel fuel
- Any other substance that causes loss of traction
Land Transport Act 1998 Section 36A (1) (c) - Contravention of section 22A (Engaging in unauthorised street or drag racing).
- Without reasonable excuse
- Operates a vehicle on a road
- In a manner that causes sustained loss of traction
