Elements - All Offences Flashcards

Elements of offences

1
Q

Fighting in a public place

A

Fights

In a public place

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2
Q

Disorderly or offensive behaviour

A

In a public place

Behaves in a offensive OR disorderly manner

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3
Q

Assault

A

Assaults

Another person

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4
Q

Assault with a weapon

A

Assaults
Another person
Using anything as a weapon OR having anything with him or her and circumstance that prima facie show an intention to use it as a weapon

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5
Q

Willful damage to property

A

Intentionally
Damages
Property

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6
Q

Willful damage to vegetation

A

Intentionally
Sets fire to
Any tree or vegetation ( living)

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7
Q

Theft

A
Definitely
Without claim of right
Takes
Any property
With intent to permanently deprive the owner
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8
Q

Theft using or dealing

A

Dishonestly
Without claim of right
Users or deals with
Any property
With intent to deprive the owner permanently of that property
After obtaining possession or control of their property and whatever manner

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9
Q

Burglary entres

A

Enters
Any building OR ship Or part of
Without authority
With intent to commit an imprisonable offence in the building OR ship

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10
Q

Burglary having entered

A

Having entered
Any building OR ship
Remains without authority
With intent to commit an imprisonable offence in the building Or ship

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11
Q

Aggravated burglary

A

While committing burglary

Has a weapon with them OR uses anything as a weapon

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12
Q

Unlawfully on property

A

Found
Without reasonable excuse
In OR on
Any building

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13
Q

Unlawfully in enclosed yard

A

Found
Without reasonable excuse
In
An enclosed yard

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14
Q

Robbery

A

Theft
Accompanied by violence OR threats of violence
To any person OR any property
Used to extort the property stolen OR to prevent OR to over come resistance to the property being stolen

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15
Q

Aggravated robbery

A
A person robs another person
And either:
- 2 or more people commit the offence
- Armed with offensive weapon
- Causes GBH
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16
Q

Receiving

A

Received
Any property stolen OR obtained by another imprisonable offence
Knowing the property to have been stolen or so obtained
OR being reckless as to whether the property had been stolen also obtained

17
Q

Take/ obtain document

A
Dishonesty
Without claim of right
Takes OR obtains
Any document
With the intention to obtain
Property OR service OR pecuniary advantage OR valuable consideration
18
Q

Uses / attempts to us document

A
Dishonestly 
Without claim of right 
Users or attempts to use 
Any document 
With intent to obtain 
Property OR service OR pecuniary advantage OR valuable consideration
19
Q

Resist police

A

Resists OR incites or encourages any other person to resist

Any constable, AO, prison officer or traffic officer acting in the execution of their duty

20
Q

Obstructs police

A

Intentionally obstructs OR incites or encourages any other person to obstruct
Any constable, AO, prison officer or traffic officer acting in the execution of their duty

21
Q

Unlawfully interferes with vehicle

A

Dishonestly
Without claim of right
Interferes with
Any vehicle OR ship OR aircraft

22
Q

Position of instruments for unlawful taking

A
Without lawful authority OR excuse
Had in his or her possession
Instruments capable of being used for taking OR converting
Any vehicle OR ship OR aircraft
With intent to use for such a purpose
23
Q

Unlawfully get into or upon vehicle

A

Dishonesty
Without claim of right
Get into OR upon
Vehicle OR ship OR aircraft

24
Q

Unlawfully takes / uses vehicle

A

Dishonestly
Without claim of right
But not so as to be guilty of theft
Takes OR uses
For his or her own purpose OR another persons purpose
Any vehicle OR ship OR aircraft OR part of

25
Q

Trespass

A

Trespasses
On any place
After being warned to leave that place by an occupier of that place
Neglects OR refuses to do so