Elements of key offences

Question 1

Where is the offence of common assault found and what are the elements?

Answer 1

Common assault is a common law offence, so is not found anywhere in legislation (though the penalty is - at Crimes Act 1900 s61).

The elements are:
- the accused
- intentionally or recklessly
- threatened another person with immediate unlawful violence
- without lawful excuse

Question 2

Where is the offence of assault occasioning Actual Bodily Harm found and what are the elements?

Answer 2

Crimes Act 1900 s59

Elements:
- the accused
- assaulted any person
- and thereby occasions ABH

Question 3

Where is the offence of destroy/damage property found and what are the elements?

Answer 3

Crimes Act 1900 s195

Elements:
- the accused
- intentionally or recklessly
- destroyed or damaged property
- belonging to another, or to them and another

Question 4

Where is the offence of larceny found and what are the elements?

Answer 4

Larceny is a common law offence, so is not found anywhere in legislation (though the penalty is - at Crimes Act 1900 s117)

Elements:
- the accused
- took and carried away
- property belonging to another
- without consent of the owner
- without legal claim of right
- fraudulently
- with intent to permanently deprive

Question 5

Where is the offence of goods in custody found and what are the elements?

Answer 5

Crimes Act 1900 s527C

Elements:
- the accused
- has in their custody, in the custody of another, in/on premises, or has given custody to someone not lawfully entitled to it
- a thing which may be reasonably suspected of being stolen or unlawfully obtained

Question 6

Where is the offence of break, enter and commit serious indictable offence found and what are the elements?

Answer 6

Crimes Act 1900 s112

Elements:
- the accused
- breaks
- enters
- dwelling house or other building
- commits a serious indictable offence therein

Question 7

Where are PCA offences found and what are their elements?

Answer 7

Road Transport Act 2013 s110

Elements:
- the accused
- had in their breath or blood the [X] range prescribed concentration of alcohol
- while they were
(i) driving a motor vehicle
(ii) occupying the driver’s seat attempting to put the vehicle in motion
(iii) occupying the passenger seat while a learner driver was driving

The PCA ranges are found at Road Transport Act 2013 s108 and are:
1. novice = 0.001 - 0.019
2. special = 0.02 - 0.049
3. low = 0.05 - 0.079
4. medium = 0.08 - 0.149
5. high = 0.15+

Question 8

Where is the offence of drive under the influence found and what are the elements?

Answer 8

Road Transport Act 2013 s112

Elements:
- the accused
- was under the influence of alcohol or any other drug
- while they were
(i) driving a motor vehicle
(ii) occupying the driver’s seat attempting to put the vehicle in motion
(iii) occupying the passenger seat while a learner driver was driving

Question 9

Where is the offence of possess prohibited drug found and what are the elements?

Answer 9

Drug Misuse and Trafficking Act 1985 s10

Elements:
- the accused
- has in their possession
- a prohibited drug

Question 10

Where is the offence of supply prohibited drug found and what are the elements?

Answer 10

Drug Misuse and Trafficking Act 1985 s25

Elements:
- the accused
- supplies or knowingly takes part in the manufacture or production of
- a prohibited drug