ELEMENTS OF OFFENCES Flashcards

1
Q

What are the elements of assault?

A

Assaults

Another Person

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2
Q

Elements of assault with a weapon?

A

Assaults
Another person
Using anything as a weapon

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3
Q

Elements of wilful damage?

A

S11(I)(a)
Intentionally
Damages
Property

or

S11 (I)(b)
Intentionally
Sets fire too
Any tree of vegetation

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4
Q

Elements of theft

A

Dishonestly
Without claim of right
Takes
Any property
With intent to deprive any owner perminently of that property
OR
With intent to deprive any owner perminently of any interest in that property

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5
Q

Theft by using or dealing elements?

A

Dishonestly
Without 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 that property
in whatever manner

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6
Q

Elements of burglary

A

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

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7
Q

Elements of Burg having entered

A

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

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8
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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9
Q

Elements of recieving?

A

Recieves
Any property stolen
OR
Any property obtained by any other imprisonable offence
Knowing that property to have been stolen or so obtained
OR
Being reckless as to wether the property had been stolen or so obtained.

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10
Q

Elements of unlawfully takes vehicle

A
Dishonestly
Without claim of right
But not so as to be guilty of theft
Takes
For his or her own purpose OR Another persons purposes

Any vehicle OR Any Ship OR Any aircraft OR Any part of any vehicle, ship or aircraft OR any horse

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11
Q

Unlawful uses vehicle elements

A

Dishonestly
Without claim of right
But not so as to be guilty of theft
Uses
For his or her own purpose OR Another persons purpose
Any vehicle… Ship,Aircraft,Part of or horse

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12
Q

Elements of Unlawful interferes with vehicle

A

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

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13
Q

Unlawfully getting into OR upon elements

A

Dishonestly
Without claim of right
Gets into OR Gets upon
Any vehical OR Any ship OR Any aircraft

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14
Q

Fighting in a public place elements

A

Fights

In a public place

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15
Q

Elements of Offensive OR Disorderly Behaviour

A

In a public place OR Within view of a public place

Behaves in an offensive manner OR Behaves in a disorderly manner

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16
Q

Resisting police elements

A

Resists OR Incites or encourages any other person to resist

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

17
Q

Obstruction elements

A

Intentionally obstructs OR Incites or encourages any other person to obstruct

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

18
Q

Trespass after warning to leave elements

A

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

19
Q

Trespass after previous warnings elements

A

Being a person who has been warned under section 4 to stay off any place
Wilfully trespasses on that place
Within two years

20
Q

Being Found on Property Without Reasonable Excuse

(Building/Transport) elements

A

Found
In OR on
Any building OR Any aircraft OR Any hovercraft OR Any ship,ferry or vessel OR Any train
OR Any vehicle

21
Q

Being Found on Property Without Reasonable Excuse

(Enclosed yard or area) elements

A

Found
Without reasonable excuse
In
Any enclosed yard or other such area