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Elements Of Offences > Elements Of Offences > Flashcards

Elements Of Offences Flashcards

1
Q

Elements of Wilful Damage?

A
  1. Intentionally
  2. Damages
  3. Any property

OR

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

Section 39 (1) Summary Offence Act 1981

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2
Q

Elements of TRESPASS

A

AFTER BEING WARNED TO LEAVE:
1.Trespasses
2. On any place
3. After being warned to leave that place by any occupier of that place
4. Neglects or refuses to do so

OR

AFTER PREVIOUS WARNINGS:
1. Being a person who has been warned under section 4 to stay off any place
2. Willingly trespasses on that place
3. Within two years

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3
Q

Elements of UNLAWFULLY ON A PROPERTY

A

ENCLOSED YARD OR AREA:
1. Found
2. Without reasonable excuse
3. In
4. Any enclosed yard or other such area

Or

BUILDING/TRANSPORT
1. Found
2. Without reasonable excuse
3. In or on
4. Any building or any ship or any aircraft or ferry or train or vehicle

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4
Q

Elements of ASSAULT

A
  1. Assaults
  2. Another person
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5
Q

Elements of THEFT

A

THEFT BY TAKING:
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 keener permanently of any INTEREST in that property

OR

THEFT BY USING OR DEALING:
1. Dishonestly
2. Without claim of right
3. Uses or 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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6
Q

Elements of BURGLARY

A

ENTERS:
1. Enters
2. Any building
3. Without authority
4. With intent to commit an imprisonable offence

OR

HAVING ENTERED:
1. Having entered
2. Any building or ship
3. Remains without authority
4. With intent to commit an imprisonable offence in the building or ship

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7
Q

Elements of DISORDERLY BEHAVIOUR

A
  1. In a public place or within view of a public place
  2. Behaves in a disorderly manner
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8
Q

Elements of EXCRETING IN A PUBLIC PLACE

A
  1. Urinates or defecates
  2. In a public place other than a public lavatory
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9
Q

Elements of RESISTING POLICE OFFICER

A
  1. Resists or incites or encourages any other person to resist
  2. Any constable or authorised officer in the execution of their duty
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10
Q

Elements of OBSTRUCTION

A
  1. Intentionally obstructs OR incites OR encourages any other person to obstruct
  2. Any constable of authorised officer in the execution of their duty
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11
Q

Elements of RECEIVING

A
  1. Receives
  2. Any property 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 obtained
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12
Q

Elements of ROBBERY

A
  1. Theft
  2. Accompanied by violence OR accompanied by threats
  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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13
Q

Elements of UNLAWFUL TAKES VEHICLE

A
  1. Dishonestly
  2. Without claim of right
  3. But not so as to be guilty of theft
  4. Takes
  5. For his or her own purpose OR Another persons purpose
  6. Any vehicle or ship or aircraft or any part of those or horse
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14
Q

Elements of UNLAWFUL USES VEHICLES

A
  1. Dishonestly
  2. Without claim of right
  3. But not so as to be guilty of theft
  4. Uses
  5. For his or her own purpose OR Another persons purpose
  6. Any vehicle or ship or aircraft or any part of those things or horse
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15
Q

Elements of UNLAWFUL INTERFERES WITH VEHICLE

A
  1. Dishonestly
  2. Without claim of right
  3. Interferes with
  4. Any vehicle or ship or aircraft
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16
Q

Elements of UNLAWFULLY GETTING INTO OR UPON

A
  1. Dishonestly
  2. Without claim of right
  3. Gets into OR GETS UPON
  4. Any vehicle or ship or aircraft
17
Q

Elements of POSSESSION OF OFFENSIVE WEAPONS (public place)

A
  1. Without lawful authority or reasonable excuse
  2. Has with him or her
  3. In any public place
  4. Any knife or any offensive weapon or disabling substance
18
Q

Elements of POSSESSION OF OFFENSIVE WEAPON OR DISABLING SUBSTANCES (Any place)

A
  1. Has in his or hers possession
  2. In any place
  3. Any offensive weapon or disabling substance
  4. In circumstances that prima facie show an intention to use it to commit an offence involving bodily injury or threat or fear of violence.

Elements Of Offences (1 decks)

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