Liabilities Flashcards
Wilful Damage Elements
Intentionally
Damages
Property
Assault Elements
Assaults
Another Person
Assault is proven by?
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 cause the other to believe on reasonable grounds that they have the present ability to effect their purpose.
Assaults With a Weapon Elements
Assaults Another Person Using anything as a weapon OR Having anything with him or her in circumstances that prima facie show an intention to use it as a weapon.
Using anything as a weapon is proven by?
An object of some sort, wether animate or inanimate must be used as a weapon.
An object of some sort, whether animate or inanimate, must be either on the offender or reasonably available to them. The circumstances must be sufficient to show an intention to use the object as a weapon.
Elements of Theft
Dishonestly Without Claim of Right Takes Any Property With Intent to Deprive Any Owner of the Property Permanently.
Dishonestly is proven by?
Without a belief that there was consent or authority from the owner
Without claim of right is proven by?
No belief in a right to own or possess the property
Unlawful Takes Vehicle (conversion of vehicle) Elements
Dishonestly Without Claim or Right But not so as to be guilty of Theft Takes For any persons purpose Any Vehicle
Unlawful Interferes with Vehicle Elements
Dishonestly
Without Claim of Right
Interferes with
Any Vehicle
Burglary Elements
Enters
Any Building
Without Authority
With intent to commit an imprisonable offence
Robbery Elements
Theft
Accompanied by Violence or Threats of Violence
To any Person or Property
Used to extort the property stolen
OR
To prevent or overcome resistance to the property being stolen
Obstruction Elements
Intentionally Obstructs
OR
Incite or encourages any other person to obstruct
Any constable or authorised officer or prison officer or traffic officer acting in the execution of their duties.