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Offence Analysis > Elements > Flashcards

Elements Flashcards

1
Q

What are the elements for Wilful damage - Property?

A
  1. Intentionally
  2. Damages
  3. Property
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2
Q

What are the elements for Wilful damage - Vegetation?

A
  1. Intentionally
  2. Sets fire to
  3. Any tree or vegetation
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3
Q

What are the elements for Graffiti vandalism, tagging, defacing?

A
  1. Without lawful authority
  2. Without the consent of the occupier or owner or other person in lawful control
  3. Damages or defaces
  4. Any building OR …. Any other thing
  5. By writing, drawing, painting, spraying, etching, or otherwise marking it.
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4
Q

What are the elements for Possession of graffiti implements?

A
  1. Without reasonable excuse
  2. Has in his or her possession
  3. A thing capable of being used to commit an offence against Section 11A
  4. In circumstances in which it can reasonably be inferred that he or she intends to use it to commit such an offence.
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5
Q

What are the elements for Theft - Takes?

A
  1. Dishonestly
  2. Without claim of right
  3. Takes
  4. Any property
  5. With intent to deprive any owner permanently of that property OR with intent to deprive any owner permanently of any interest in that property
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6
Q

What are the elements for Theft - Uses and deals with?

A
  1. Dishonestly
  2. Without claim of right
  3. Uses and deals with
  4. Any property
  5. With intent to deprive any owner permanently of that property OR with intent to deprive any owner permanently of any interest in that property
  6. After obtaining possession or control of that property in whatever manner
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7
Q

What are the elements for Assault?

A
  1. Assaults

2. Another person

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8
Q

What are the elements for Assault with a weapon?

A
  1. Assaults
  2. Another person
  3. Using anything as a weapon OR having anything with him or her in circumstances that prima facie show an intention to use it as a weapon
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9
Q

What are the elements for Burglary - Enters?

A
  1. Enters
  2. Any building OR any ship OR any part of a building OR any part of a ship
  3. Without authority
  4. With intent to commit an imprisonable offence in the building OR ship
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10
Q

What are the elements for Burglary - Having entered?

A
  1. Having entered
  2. Any building OR any ship OR any part of a building OR any part of a ship
  3. Remains without authority
  4. With intent to commit an imprisonable offence in the building OR ship
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11
Q

What are the elements for Aggravated burglary - While committing?

A
  1. While committing a burglary

2. Has a weapon with them OR uses anything as a weapon

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12
Q

What are the elements for Aggravated burglary - Having committed?

A
  1. Having committed a burglary
  2. Has a weapon with them OR uses anything as a weapon
  3. While still in the building OR ship
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13
Q

What are the elements for Robbery?

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

What are the elements for Receiving stolen property?

A
  1. Receives
  2. Any property stolen OR any property obtained by any other imprisonable offence
  3. Knowing that property to have been stolen or so obtained OR being reckless as to whether the property had been stolen or so obtained
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15
Q

What are the elements for Being found on property?

A
  1. Found
  2. Without reasonable excuse
  3. In OR on
  4. Any building … OR any vehicle OR any enclosed yard or other such area
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16
Q

What are the elements for Trespass - after warning to leave?

A
  1. Trespasses
  2. On any place
  3. After being warned to leave that place by an occupier of that place
  4. Neglects or refuses to do so
17
Q

What are the elements for Trespass - after previous warnings?

A
  1. Being a person who has been warned under Section 4 to stay off any place
  2. Wilfully trespasses on that place
  3. Within two years
18
Q

What are the elements for Dishonestly Taking OR Obtaining a Document?

A
  1. Dishonestly
  2. Without claim of right
  3. Takes OR obtains
  4. Any document
  5. With intent to obtain
  6. Property OR service OR pecuniary advantage OR valuable consideration
19
Q

What are the elements for Dishonestly Taking OR Obtaining a Document?

A
  1. Dishonestly
  2. Without claim of right
  3. Uses or attempts to use
  4. Any document
  5. With intent to obtain
  6. Property OR service OR pecuniary advantage OR valuable consideration

Offence Analysis (1 decks)

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