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Wilful Damage > Elements And Definations > Flashcards

Elements And Definations Flashcards

1
Q

Damages

A

A temporary or permanent reduction in the value and/or usefulness of the property

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2
Q

Property

A

Something that belongs to another person that is capable of being damaged

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3
Q

What act and section

A

Summary of offences act 1981 section 11 1 a

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4
Q

Intentionally

A

A reckless OR deliberate act without lawful justification, excuse or claim of right

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5
Q

Assaults

A

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 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

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6
Q

What is the definition of

Another person

A

It has to be another person other than the offender

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7
Q

What are the elements for wilful damage

A

Intentionally
Damages
Property

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8
Q

What are the elements for assault with a weapon

A

Assaults
Another
Person
Using anything as a weapon

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9
Q

What are the elements of Theft

A

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

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10
Q

What are the elements of the other Theft

A

Dishonestly
With out 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 in whatever manner

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11
Q

What are the elements to Unlawfully takes vehicle

A 
Dishonestly 
Without claim of right
But not so as to be guilty of theft
Takes
For any persons purpose
Any vehicle OR ship OR part of a
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12
Q

What are the elements to Unlawful interferes vehicle

A

Dishonestly
Without claim of right
Interferes with
Any vehicle OR ship

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13
Q

What are the elements of Burglary

A

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

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14
Q

What are the elements of Robbery

A

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

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15
Q

What is the definition of dishonestly

A

Without a belief that there was consent or authority from the owner

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16
Q

What is the definition of claim of right

A

No belief in a right to own or possess the property

17
Q

What is the definition of - but not so as to be guilty of theft

A

Unable to prove an intention to deprive the owner

18
Q

What is the definition of any property

A

Property of any person that has value

19
Q

What is the definition of ‘ with intent to deprive any owner permanently of that property ‘

A

Deprive the owner permanently OR deal with it in a manner so that it cannot be restored to its original condition

20
Q

What is the definition of uses or deals with

A

Obtains possession or control and exceeds the authority or conditions given by using or dealing with the property in any manner

21
Q

What is the definition of enters

A

Entry is complete as soon as any part of the body of the person or any instrument used by that person is within the building or ship

22
Q

What is the definition of without authority

A

An absence of authority from a person the defendant believes is legally able to give consent

23
Q

What is the definition of used to extort the property stolen

A

The violence or threats are sufficient to cause the person to HAND OVER the property against their will

24
Q

What is the definition of to prevent or overcome resistance to the property being stolen

A

Taken after any resistance has been prevented or overcome
Eg. King hits and knocks out someone so they have prevented them from resisting
Tug of war

25
Q

What are 2 factors that could make aggravated robbery

A

2 or more people or use of a weapon

26
Q

What are the elements for Resisting police ( obstructs police )

A

Intentional obstructs
OR
Incites or encourages any other person to obstruct
Any constable or authorised office or prison officer or traffic officer acting in the execution of their duty

27
Q

What Is the definition of Intentionally obstructs

A

Deliberately making it more difficult for a person to carry out their duties

28
Q

What is the definition of

Incites or encourages any other person to obstruct

A

Urge or persuade any other person to make it more difficult for the person to carry out their duties

29
Q

What is the definition of

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

A

Lawfully exercising their powers

Wilful Damage (12 decks)

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