Liabilities Flashcards by Nick Johnston

Intentional damage 2

Intentionally

Sets fire to

Any tree or vegetation

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Intentional damage

Intentionally
Damages
Property

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Assault

Assaults

Another person

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Assault with a weapon

Assaults

Another person

Using anything as a weapon

Having anything with him or her in circumstances that prima facie show an intention to use it as a weapon

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Theft

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

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Theft (uses/deals)

Dishonestly
Without claim of right
Uses or deals with
Any property
With an intent to deprive any owner permanently of that property
OR
With intent to deprive any owner permanently if any interest in that property
After obtaining possession or control of the property in whatever manner

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Burglary (enters)

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

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Burglary (having enter)

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

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Robbery

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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Receiving

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

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Assaults definition

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 of another 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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Public place definition

A place that, at any material time, is open to or is being used by the public, whether free or on payment of charge, and whether any owner or occupier of the place is lawfully entitled to exclude or eject any person from that place; and includes any aircraft, hovercraft, ship or ferry or other vessel, train or vehicle carrying or available to carry passengers for reward. Also includes the interior of any vehicle which is in a public place.

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Dishonest taking a vehicle OR Dishonest using a vehicle

Dishonestly
Without claim of right
But not so as to be guilty of theft
Takes 
OR
Uses
For any persons purpose 
Any vehicle
OR
Any ship
OR
Any aircraft
OR
Any part of any vehicle, ship or aircraft 
OR
Any Horse

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Dishonestly taking a document OR Dishonestly obtaining a document

Dishonestly
Without claim of right 
Takes
OR
Obtains
Any document
With intent to obtain
Property 
OR 
Service
OR
Pecuniary advantage
OR
Valuable consideration

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Dishonestly uses a document or Dishonestly attempts to use a document.

Dishonestly
Without claim of right
Uses
or
Attempts to use
Any document 
With intent to obtain
Property
OR
Service
OR
Pecuniary advantage
OR
Valuable consideration

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Dishonestly getting into a vehicle OR

Dishonestly getting upon a vehicle

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

Possession of instruments

Without lawful authority or excuse
Has in his possession
Any instrument capable of being used for taking or converting
Any vehicle 
OR
Any ship
OR
Any aircraft
With intent to use it for such a purpose

Fighting in a public place

Fights

In a public place

Dishonest interference with a vehicle.

Dishonestly 
Without claim of right
Interferes with
Any vehicle
OR
Any Ship
OR
Any aircraft

Unlawfully on property

Found
Without reasonable excuse
In
OR
on
Any building
OR
Any enclosed yard
OR 
Any aircraft
OR
Any ship
OR
Any train
OR
Any vehicle

Resisting police

Resists
OR
Incites any other person to resist
OR
Encourages any other person to resist
Any constable acting in the execution of their duty

Intentionally obstructs police

Intentionally
Obstructs
OR
Incites any other person to obstruct
OR
Encourage another person to obstruct
Any constable acting in the execution of their duty

Trespass after warning to leave

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

Trespass after previous warnings

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

Peeing or peering into a dwelling house

``` Found By night Without reasonable excuse Peeping or peering Into a dwelling house ```

Possession of an offensive weapon | 1

``` Without lawful authority or excuse Has with him In any public place Any knife OR Offensive weapon OR Disabling substance ```

Possession of an offensive weapon 2

``` Has in his possession In any place Any offensive weapon OR Disabling substance In circumstances that prima facie show an intention to use it to commit an offence involving bodily injury or the threat or fear of violence. ```

Possession of controlled drugs OR use of controlled drugs

``` Procure OR Possess OR Consume OR Smoke OR Otherwise use Any controlled drug ```

Possession of instruments 1

``` Has in his possession Any pipe OR Any utensil For the purpose of the commission of an offence against the misuse of drugs act 1975 ```

Possession of instruments 2

``` Has in his possession Any syringe OR Any needle For the purpose of the commission of an offence against the misuse of drugs act 1975 ```

Permits use of premises OR | Permits use of vehicle

``` Knowingly permits Any premises OR Motor vehicle OR Other mode of conveyance To be used for the purpose of the commission of an offence against the misuse of drugs act 1975 ```

Cultivation of prohibited plants.

Cultivates | A prohibited plant

Carrying an imitation firearm

Except for some lawful proper and sufficient purpose Carries An imitation firearm

Discharging firearm in or near a dwelling house OR public place OR Discharging an air gun in or near a dwelling house OR public place OR discharging a pistol in or near a dwelling house OR public place OR discharging a restricted weapon in or near a dwelling house OR public place

``` Without reasonable cause Discharges A firearm OR Airgun OR Pistol OR Restricted weapon In or near a dwelling house OR In or near a public place So as to endanger property OR So as to endanger any person OR So as to annoy any person OR So as to frighten any person ```

Presenting a firearm

``` Except for some lawful and sufficient purpose Presents Firearm OR Airgun OR Pistol OR Restricted weapon At any other person ```

Presenting anything

Except for some lawful and sufficient purpose Presents At any other person Anything In circumstances which lead the other person to believe it is a firearm

Unlawful carriage OR unlawful possession of a firearm OR Unlawful carriage OR unlawful possession of an airgun OR Unlawful carriage OR unlawful possession of a pistol OR Unlawful carriage OR unlawful possession of a restricted weapon OR Unlawful carriage OR unlawful possession of an explosive

``` Except for some lawful proper and sufficient purpose Carries OR Is in possession of Firearm OR Airgun OR Pistol OR Restricted weapon OR Explosives ```

Disorderly behavior likely to cause violence

``` In a public place OR Within view if a public place Behaves in a OR Incites any person to behave in a OR Encourages any person to behave In a Riotous manner OR Offensive manner OR Threatening manner OR Insulting manner OR Disorderly manner In circumstance that are likely to cause violence to persons or property to start or continue. ```

Offensive behaviour OR | Disorderly behaviour

``` In public place OR Within view of public place Behaves in an offensive manner OR Behaves in a disorderly manner ```