Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

MODULES 10-13 > Elements of offences Session 1 > Flashcards

Elements of offences Session 1 Flashcards

1
Q

Section 117 RTA NEG driving

A 
Person must not
•	Drive a motor vehicle
•	Upon a road or road related area
•	NEGLIGENTLY or 
•	At a SPEED or in a MANNER dangerous to public
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Section 117, (2) RTA Speed and Manner dangerous to public

A 
Person must not
•	Drive a motor vehicle
•	Upon a road or road related area
•	Drive in a manner dangerous, OR
•	Drive at a speed dangerous to public
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Section 118 RTA Menacing driving

A

A person must not
• Drive a motor vehicle
• On a road
• In a manner that menaces another person. and
• Intends to menace another person or
• Ought to have known the other person might be menaced

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Section 51A Crimes Act Predatory Driving

A
  • Driver
  • Vehicle
  • In pursuit/travelling near another vehicle, and
  • Intends to cause a person in other vehicle ABH
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Section 52A crimes act Dangerous driving causing death or GBH

A 
•	Driver 
•	Vehicle
•	Involved in an impact
•	Occasioning death or GBH
•	
At time of impact was influenced by drugs or liquor, dangerous speed, or manner

(Circumstances of aggravation if the PCA is High Range, SERIOUSLY under influence of Drugs, speed is 45kph or more over the limit, or driving to escape pursuit)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Section 5 SOA Obscene exposure

A
  • The accused
  • Wilfully and obscenely exposes him/her person
  • In or within view from PP or school
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Section 4A SOA Offensive Language

A
  • The accused
  • Used offensive language
  • In or near, or within hearing from PP or school
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Section 4 SOA Offensive Conduct

A
  • The accused
  • Conducted him/herself in an offensive manner
  • In near/within view/hearing of a public place or school
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Section 11C/11E SOA custody of knife / Wielded knife PP or school

A
  • The accused
  • Have in their custody a knife / Wielded a knife
  • In Public place or school
  • Without reasonable excuse
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Section 11B SOA custody of offensive implement

A
  • The accused
  • Have in their custody an offensive implement
  • In public place or school
  • Without reasonable excuse
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Section 10 DMTA Possession of prohibited drug

A
  • The accused
  • Had a prohibited drug
  • In his / her possession
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Section 11 DMTA Possession of equipment for administration of prohibited drugs

A

• The accused
• Had any item of equipment for use of Administration of prohibited drug
• In his / her possession.
(future use only – not a syringe)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Section 12 DMTA self administration of prohibited drug

A
  • The accused
  • Administered or attempted to administer himself/ herself
  • A prohibited drug
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Section 23 DMTA Offences with respect to prohibited plants

A
  • The accused
  • Cultivates/Supplies/Possessed or
  • Knowingly takes part in the Cultivation / Supply
  • Of prohibited plant
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Section 24 Manufacture and production of prohibited drug

A
  • The accused
  • Manufactured/produced or knowingly takes part in the manufacture/production of
  • Prohibited drug
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Section 25 DMTA Supply of prohibited drugs

A
  • The accused
  • Supplies or knowingly takes part in the supply
  • of a prohibited drug
17
Q

Section 29 DMTA Trafficable quantity—possession taken to be for supply

A
  • The accused
  • Supplied
  • Prohibited drug
  • Not less than the trafficable quantity
18
Q

Section 40 DMTA Effect of certain representations

A
  • The accused
  • Supplied
  • Prohibited drug
  • Effect of certain representation
19
Q

Section 11 SOA Possession of liquor by minor

A 
•	Person under 18
•	Did poses or consumes liquor 
•	In Public place 
•	Not under the supervision of a responsible adult, or with
OR
No reasonable excuse
20
Q

What are the elements of traffic offences?

A

Driver/rider
Motor vehicle
Road/road related area
Elements of the specific offence.

21
Q

What are the 4 general reasons to arrest someone?

A

Arrest for an offence
Arrest by virtue of a warrant
Arrest for breach of the peace (common law)
Arrest by virtue of a specific power other than LEPRA

22
Q

What are the circumstances of aggravation for graffiti?

A

A person intentionally marks the premises/property:

a) by means of any graffiti implement
b) in such a manner that the mark is not readily removable by wiping or by use of water or detergent

23
Q

What is a graffiti implement?

A

(a) spray paint,
(b) a marker pen,
(c) any implement designed or modified to produce a mark that is not readily removable by wiping or by use of water or detergent.

24
Q

What does S. 169A of the Road Transport Act allow you to do?

A

Pull over a light vehicle and light combinations in order to exercise your other traffic powers.

25
Q

What are the elements for parking offences?

A

Motor vehicle
Road/road related area
Elements specific to the offence

26
Q

What does S. 76 of the Road Transport Act allow you to do?

A

To inspect vehicles for defects

27
Q

What are the elements for the offence of graffiti under s.4(2) of graffiti control act?

A 
The accused
Intentionally marked premises or property
In circumstances of aggravation
Without consent
Without reasonable excuse
28
Q

What does section 22 of the Mental Health Act enable you to do?

A

If you find a person who appears to be mentally ill or mentally disturbed, you may apprehend the person and take the person to a declared mental health facility if you believe on reasonable grounds that:
(a) the person is committing or has recently committed an offence or that the person has recently attempted to kill himself or herself or that it is probable that the person will attempt to kill himself or herself or any other person or attempt to cause serious physical harm to himself or herself or any other person, and

(b) it would be beneficial to the person’s welfare to be dealt with in accordance with this Act, rather than otherwise in accordance with law.

29
Q

ELEMENTS for 1. Destroy or damage property, s.195(1) Crimes Act (Important)

A
  • The accused
  • Intentionally or recklessly
  • Damaged or destroyed property
  • Property belonging to another or the accused and another
30
Q

What are the 4 types of defect notices?

A 
Warning (no label)
Minor defects (may attach yellow label)
Major defects (yellow)
Major grounded (red)

MODULES 10-13 (9 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions