OA Practice Flashcards
What are the 2 elements of Assault?
Prec code: 1653 - Common Assault (manually)
Assaults
Another person
What are the components of Assaults (Assault)
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.
Another person: it has to be another person other than the offender
What are the three elements of Wilful Damage Summary Offences Act 1981 11 (1) (a)?
- Intentionally
- Damages
- Property
What are the three elements of Wilful Damage Summary Offences Act 1981 11 (1) (b)? (vegetation)
- intentionally
- sets fire to
- Any trees or vegetation
Define Intentionally (Willful damage)
A deliberate act without lawful justification, excuse or claim of right.
OR
A reckless act, where the consequences are foreseen but continues the act regardless of risk, without lawful justification, excuse or claim of right.
Define Recklessly (Willful damage)
A reckless act [where possible fonsequences are foreseen but continues the act regardless of the risk], without lawful justificaiton, excuse or claim of right
Define Damages (Willful damage)
Temporary or permanent reduction in value and/or usefulness of the property.
Define Property (willful damage)
Something that belongs to another person and is capable of being damaged.
Define sets fire to (WD)
Damages through use of fire.
Define vegetation (WD)
Any growing plant.
What are the 4 elements for being found on property without reasonable excuse (Building/transport)?
Onduty - Unlawfully in Building
Prec Code 6132
- Found (seen, discovered, come upon)
- Without reasonable excuse
- In (physically inside of)
OR
On (physically on) - Any building (A structure with a roof and walls)
OR
Any Aircraft
OR
Any ship
OR
Any train
OR
Any vehicle
What are the 4 elements for being found on property without reasonable excuse (enclosed yard or area)?
Onduty - Unlawfully in Enclosed Yard Or Area: Prec code - 6136
Found (To be Seen, Discovered, To come upon)
Without reasonable excuse
In
Any enclosed yard or other such area (An enclosed yard, garden or area, appurtenant to a building)
What are the factors of a public place?
A place at any material time (any given time) is;
Open to or being used by the public
Whether free or on payment of a charge
And whether any owner/occupier of the place is lawfully entitled to exclude or eject that person from that place
includes any ship, vehicle, train, aircraft that is carrying or available to carry passengers for reward
and includes the interior of any vehicle which is in a public place
What are the 2 elements of fighting in a public place?
Fights
In a public place
What are the 2 elements of Offensive OR Disorderly Behaviour?
In a public place
OR
Within view of a public place
Behaves in an offensive manner
OR
Behavines in a disorderly manner
Define “In an offensive manner”
Behaves in a manner arousing feelings of anger, resentment or disgust that cause a disturbance to public order
Define behaves in a disorderly manner
Behaves in a seriously disruptive manner that causes a disturbance to public order
What are the 2 elements of excreting in a public place?
Urinates
OR
Defecates
In any public place
What are the 4 elements for being found on property without reasonable excuse (enclosed yard or area)?
Found (To be Seen, Discovered, To come upon)
Without reasonable excuse
In
Any enclosed yard or other such area (An enclosed yard, garden or area, appurtenant to a building)
What are the 4 elements for being found on property without reasonable excuse (Building/transport)?
- Found (seen, discovered, come upon)
- Without reasonable excuse
- In (physically inside of)
OR
On (physically on) - Any building (A structure with a roof and walls)
OR
Any Aircraft
OR
Any ship
OR
Any train
OR
Any vehicle
What are the 4 elements of trespass after warning to leave?
On duty - 6111 wilfull trespass
Trespass Act 1980 Section 3(1) & 11(2)(a)
- Trespasses
- On any place
- After being warned to leave that place by the occupier of that place
- Neglects or refuses to do so
Define trespasses
is on another person’s property without authority or permission
Define neglects or refuses to do so
After the warning, neglects or refuses to leave. The person must be given a reasonable time to leave.
What are the 3 elements of trespass after warning to leave?
Being a person who has been warned under section 4 to stay off any place
wlilfully trespasses on that place
within two years
Define willfully trespasses on that place
The offender intentionally, deliberately, without mistake, returns to the premises.
What are the 6 elements of unlawful takes vehicle?
1 Dishonestly:
Without a belief that there was consent or authority from the owner.
2 Without claim of right:
No belief in a right to own or possess the property
3 But not so as to be guilty of theft
Unable to prove an intention to permanently deprive the owner.
4 Takes
5 For his/her purpose
OR
for anybody’s purpose
6 Any vehicle
OR
Any ship
OR
Any aircraft
OR
Any part of vehicle/ship/aircraft
OR
Any horse
What are the 6 elements for unlawful uses vehicle?
What are the elements for unlawful uses vehicle?
1 Dishonestly:
Without a belief that there was consent or authority from the owner.
2 Without claim of right:
No belief in a right to own or possess the property
3 But not so as to be guilty of theft
Unable to prove an intention to permanently deprive the owner.
4 Uses
Gains possession or control of the property, but then exceeds authority or conditions given by the owner by using it in any manner
5 For his/her purpose
OR
for anybody’s purpose
6 Any vehicle
OR
Any ship
OR
Any aircraft
OR
Any part of vehicle/ship/aircraft
OR
Any horse
What are the 4 elements of unlawful interferes with vehicle?
1 Dishonestly:
Without a belief that there was consent or authority from the owner.
2 Without claim of right:
No belief in a right to own or possess the property
3 - interferes
4 - with any vehicle
OR
any Ship
OR
any aircraft
What are the 4 elements of unlawfully gets into or upon?
1 Dishonestly:
Without a belief that there was consent or authority from the owner.
2 Without claim of right:
No belief in a right to own or possess the property
3. Gets into
OR
Gets upon
4. Any vehicle
OR
any Ship
OR
any aircraft
Define Trespasses
Is on another person’s property without authority or permission
Define ‘On any place’ (trespass)
At any physical address
What are the 2 elements of Obstruction?
Prec 3511 - Obstruct/Hinder Police
- Intentionally Obstructs
OR
Incites or encourages any other person to obstruct
- Any constable or authorised officer or prison officer or traffic officer acting in the execution of their duty.
What are the 2 elements of Resisting?
Prec 3514 - Resist Police
- Intentionally 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.
Define Any constable or authorised officer or prison officer or traffic officer acting in the execution of their duty
The person must have been lawfully exercising their powers,
Define Intentionally obstructs
Deliberately making it more difficult for a person to carry out their duties
or
Urge or persuade any other person to make it more difficult for the person to carry out their duties
What are the 4 Elements of Possession of Offensive Weapons of Disabling Substances (Public place)
Onduty - Possess
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
Any disabling substance
Define without lawful authority or reasonable excuse (off wep - public)
Without a legal right or justification, authority or permission. No lawful, genuine or reasonable excuse
Define ‘Has with him or her’ (possess off weap or disabling substance - public)
Has in their possession.
Define any knife (public)
Any cutting blade
Define Any offensive weapon (public place)
Any article made for use for causing bodily injury
OR
any article altered for use for causing bodily injury
OR
any article intended for use for causing bodily injury
Define Any disabling substance (both any and public)
Anaesthetizing or other substance produced or intended for the purpose of disabling persons.
What are the 4 elements of Possession of Offensive Weapons or Disabling Substances (Any Place)
1 Has in his or her 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 the threat or fear of violence`
Define has in or her possession (poss offensive weapons or disabling substance (any place)
Has in their possession
Define any place (poss off wep or disab sub - any place)
Any place; includes public and private places
Define any offensive weapon (poss off wep or disab sub - any place)
Any article capable of being used for causing bodily injury
Define “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” (any place)
Actions by the offender show on the “face of it” that the person is intentionally going to use it to commit an offence involving some form of bodily injury, or the threat or fear of violence
How does the definition of offensive weapon differ between public place and any place?
- Public place: section 202A(4)(a)
Any article made, altered or intended for causing bodily injury. - Any place: section 202A(4)(b)
Any article capable of being used for causing bodily injury
What are the 3 elements of Indecent Exposure?
1 In OR within view of a public place
2 Intentionally and Obscenely
3 Exposes any part of his or her genitals
Define ‘In OR within view of a public place’ (Indecent exposure)
In a public place and also covers any act done in a private place which can be seen by a person in a public place
Side note: (not sure if need to include full definition)
A place at any material time (any given time) is;
Open to or being used by the public
Whether free or on payment of a charge
And whether any owner/occupier of the place is lawfully entitled to exclude or eject that person from that place
includes any ship, vehicle, train, aircraft that is carrying or available to carry passengers for reward
and includes the interior of any vehicle which is in a public place
Define intentionally (Indecent exposure)
The act of exposure… … will require it to be deliberate or voluntarily and not accidental.
Define Obscenely (indecent exposure)
…offends contemporary standards of propriety, to the extent that a reasonable observer would regard it with “loathing, disgust and revulsion”. Consideration must be given to time, place and circumstances.
Define ‘exposes any part of his or her genitals’
the penis and testes of a male, and the vulva and vagina of a female. Some part of such an organ must be “exposed” or made visible.
What are the three elements of Indecent Act in Public Place
“indecent act (male offender)”
1 Wilfully Does
2 Any Indecent Act
3 In any place to which the public have or are permitted to have access
OR within view of any such place.
Define wilfully does (indecent act in public place)
deliberate or voluntary and not accidental
Define Any indecent act (indecent act in public place)
Indecent means “not confirming with generally accepted standards of behavior, especially in relation to sexual matters”
What are the three elements of Indecent Act with Intent to Insult or Offend
“indecent act with intent to insult”
1 With intent to insult or offend any person
2 Does any indecent act
3 in any place
What are the three elements of Indecent Assault?
1 Indecently
2 Assaults
3 Another person
What are the three elements of Unlawful Carriage OR Possession of a firearm OR Airgun OR Pistol OR Prohibited Magazine OR Restricted Weapon OR explosive
1 Except for some lawful, proper and sufficient purpose
2 Carries OR is in possession of
3 Firearm OR Airgun OR Pistol OR Prohibited Magazine OR Restricted Weapon OR explosives
Define except for some lawful, proper and sufficient purpose (carrying + imitation)
Without legal right or justification, or genuine reasonable excuse in the circumstances
Define Carries
OR
Is in possession of
Actually has the weapon on or about him or her
OR
In their possession or under their control
Define Firearm
Anything from which a shot, bullet, or other projectile can be discharged by force of explosive
Define Airgun
Anything from which is capable of discharging projectiles by the use of gas or compressed air.
Define Pistol
Any firearm designed or adapted to be held or fired with one hand and includes any firearm under 762mm long.
Define prohibited magazine
As defined in Section 2B of the Arms Act 1983
”
In this Act, unless the context otherwise requires, prohibited magazine,—
(a)
in relation to a shotgun, means a magazine, whether or not detachable, that is capable of holding more than 5 cartridges commensurate with that shotgun’s chamber size:
(b)
in relation to any other firearm (except a pistol described in section 2A(1)(a)(i)(C) or (D)),—
(i)
means any detachable magazine—
(A)
that is capable of holding 0.22 calibre or lower rimfire cartridges and that is capable of holding more than 10 of those cartridges:
(B)
that is capable of holding more than 10 cartridges and being used with a semi-automatic or fully automatic firearm:
(ii)
means any other magazine, whether or not detachable, that is capable of holding more than 10 cartridges:”
Define restricted weapon
Any weapon declared as a restricted weapon by the Governor General eg Molotov cocktails
Define Explosives
Any substance capable of exploding or producing a pyrotechnic effect
What are the three elements of Unlawful possession of prohibited firearm?
1 In possession of
2 A prohibited firearm
3 Not authorised or permitted to be in possession by the act
Define a prohibited firearm
As defined in Section 2A of the Arms Act 1983
(B)
a semi-automatic shotgun with a non-detachable tubular magazine or magazines that are capable of holding no more than 5 cartridges commensurate with that firearm’s chamber size:
(C)
a small semi-automatic pistol:
a pump-action shotgun that is capable of being used with a detachable magazine:
(iii)
a pump-action shotgun that has a non-detachable tubular magazine or magazines that are capable of holding more than 5 cartridges commensurate with that firearm’s chamber size:
(iv)
a centrefire pump-action rifle that is capable of being used with a detachable magazine:
(v)
a centrefire pump-action rifle that has 1 or more non-detachable magazines (tubular or otherwise) that are capable of holding more than 10 cartridges commensurate with that firearm’s chamber size; and
a semi-automatic firearm—
(a)
that is capable of firing only 0.22 calibre or lower rimfire cartridges; and
(b)
that has a magazine, whether or not detachable or otherwise externally fed, that is capable of holding no more than 10 cartridges commensurate with the firearm’s chamber size; and
(c)
that does not have a lower receiver that is able to be attached to a centrefire upper receiver so as to result in a firearm that is able to function.
What are the three elements of Carrying an imitation firearm
1 except for some lawful, proper and sufficient purpose
2 Carries
3 An imitation firearm
Define except for some lawful, proper and sufficient purpose (firearms)
Without legal right or justification, or genuine reasonable excuse in the circumstances
Define carries (firearm)
Actually has the weapon on or about them
Define an imitation firearm
Anything that has the appearance of being a firearm.
What are the five elements of Discharging firearm OR airgun OR pistol OR restricted weapon in or near A dwelling house OR public place
1 Without reasonable cause
2 discharges
3 A firearm OR Airgun OR Pistol OR Restricted weapon
4 In or near a dwelling house OR in or near a public place
5 So as to endanger property (to put the property of another at risk of damage)
OR
so as to endanger any person (to put the person at risk of injury)
OR
So as to annoy any person (so as to distress a person)
OR
So as to frighten any person (so as to scare a person)
Define without reasonable cause (discharging a firearm etc in or near a dwelling house OR public place)
No genuine or reasonable excuse depending on the circumstances
Define In or near a dwelling house (discharging)
inside or near the vicinity of a residence or place of abode.
What are the four elements of Presenting a firearm at other person
1 Except for some lawful and sufficient purpose
2 Presents
3 Firearm
OR
Air gun
OR
Pistol
OR
Restricted weapon
4. At any other person
Define Presents (Presenting)
Brandishes, deploys or displays in a threatening way
Define ‘At any person’ (presenting a firearm)
Must be another person
What are the five elements for Presenting Anything
1 Except for some lawful and sufficient purpose
2 presents
3 at any other person
4 anything
5 in the circumstances, is likely to lead that person to believe that it is a firearm (other than a prohibited firearm)
OR
Air gun
OR
Pistol
OR
Restricted Weapon
Define ‘in the circumstances, is likely to lead that person to believe that it is a Firearm (other than a prohibited firearm)
OR
Airgun
OR
Pistol
or
Restricted Weapon
The offender’s actions and the article presented, make it likely that the other person believes it is a[……]
(Whether or not the [firearm] is loaded or capable at the time of the offence of discharging any shot, bullet, missile or other projectile)
Define “With intent to insult or offend any person”
Done deliberately, on purpose aiming to cause offence and outrage to ANY person.
What are the two elements of Cultivation of Prohibited Plants?
- Cultivates (To grow or germinate)
- A prohibited plant
What are the 3 elements for Permits use of vehicle?
- Knowingly permits
- Any motor vehicle OR Any other mode of conveyance
- To be used for the purpose of the commission of an offence against the Misuse of Drugs Act 1975.
What are the 3 elements of Permits use of Premises?
Knowingly permits
Any premises
To be used for the purpose of the commission of an offence against the Misuse of Drugs Act 1975.
What are the elements for Possession of instruments?
1 Has in his possession
2 Any pipe
OR
Any utensil
3 For the purpose of the commission of an offence against the Misuse of Drugs Act 1975.
What are the 2 Elements for Possession (OR Use) of controlled drugs
- Procure OR Possess OR Consume OR Smoke OR Otherwise use
- Any controlled drug
What are the 2 Elements for Possession OR Use of controlled drugs
- Procure (means to purchase or obtain)
OR
Possess (Knowingly has in their possession or under their control, a useable quantity)
OR
Consume (ingest)
OR
Smoke (inhale smoke)
OR
Otherwise use (Use of a drug in any manner whatsoever other than the above) - Any controlled drug (any drug listed in the first, second or third schedule of the Misuse of Drugs Act 1975)
Define Possess (possession or use of controlled drug)
Knowingly has in their possession or under their control, a useable quantity
Define Procure (possession)
(means to purchase or obtain)
Define Consume
Ingest
Define Smoke
(inhale smoke)
Define Otherwise use
(Use of a drug in any manner whatsoever other than the above)
Define Any controlled drug
any drug listed in the first, second or third schedule of the Misuse of Drugs Act 1975
Define a prohibited plant
Any prohibited plant listed in section 2 of the Misuse of Drugs Act 1975
Define knowingly permits (use of premises OR vehicle)
Intentionally allows
Define any Premises (permits)
Land, building or structure including its surroundings
Define any motor vehicle (permits)
A contrivance equipped with wheels, tracks or revolving runners on which it moves or is moved
Define ‘To be used for the purpose of the commission of an offence against the Misuse of Drugs Act 1975’.
To be used for the purpose of an offence against the Misuse of Drugs Act 1975 (Either currently or in the future).
Define Has in his possession (instruments)
in their possession or under their control
Define Any Pipe (instrument)
A container where material is burnt and the smoke is inhaled
define any utensil (instrument)
Instrument, vessel or implement for drug use
Define ‘For the purpose of the commission of an offence against the misuse of drugs act 1975’ (instrument)
An intention on the part of the possessor to use for the purpose of an offence against the Misuse of Drugs Act 1975 (either currently or in the future). (possess instrument)
Define Discharges
Fires, or releases or lets go
Define so as to frighten any person (discharge)
So as to scare a person
Define so as to annoy any person
So as to distress a person
Define so as to endanger any property
To put the property of another at risk of damage
Define so as to endanger any person
To put the person at risk of injury
Define “But not so as to be guilty of theft”
Unable to prove an intention to permanently deprive the owner.
Define Uses (vehicle)
3 But not so as to be guilty of theft
Unable to prove an intention to permanently deprive the owner.
4 Uses
Gains possession or control of the property, but then exceeds authority or conditions given by the owner by using it in any manner
Define Firearm (other than a prohibited firearm)
Anything from what a shot, bullet or other projectile act be discharged by force of explosive (whether or not the firearm, airgun, pistol or restricted weapon is loaded and capable at the time of the offence of discharging any shot, bullet, missile or other projectile)
What are the 4 elements of Unlawfully getting into OR upon?
1 Dishonestly
2 Without claim of right
3 Gets into OR Gets upon
4 Any vehicle OR Any ship OR Any aircraft
Define Gets into
Physically gets into
Define Gets upon
Physically gets upon
Define Any vehicle (gets into or upon)
Any type of vehicle
Define any ship (gets into or upon)
Any vessel used in navigation, however propelled. Large or Small.
Define any aircraft
Any Machine that can derive support in the atmosphere from the reaction of air
What are the 4 elements of Unlawful Interferes with Vehicle
Dishonestly
Without Claim of right
Interferes with
Any Vehicle
OR
Any Ship
OR
Any aircraft
What are the four elements for Presenting a firearm at other person
1 except for some lawful and sufficient purpose
2 Presents
3 Firearm (other than a prohibited firearm) OR Air gun OR Pistol OR Restricted weapon
4 At any other person
Define Firearm (other than a prohibited firearm)
(presenting a firearm at other person)
Anything from which a shot, bullet, or other projectile can be discharged by force of explosive
(whether or not the firearm, air gun, pistol, or restricted weapon is loaded or capable at the time of the offence of discharging any shot, bullet, missile, or other projectile)
What are the 5 elements of presenting anything
1 Except for some lawful and sufficient purpose
2 Presents
3 At any other person
4 Anything
5 In the circumstances, is likely to lead that person to believe that it is a Firearm (other than a prohibited firearm)
What are the 5 elements of presenting anything
Except for some lawful and sufficient purpose
Presents
At any other person
Anything
In the circumstances, is likely to lead that person to believe that it is a Firearm (other than a prohibited firearm) OR Air gun OR Pistol OR Restricted weapon
Define “In the circumstances, is likely to lead that person to believe that it is a Firearm (other than a prohibited firearm) OR Air gun OR Pistol OR Restricted weapon” (presenting anything)
the offender’s actions and the article presented, makes it likely that the other person believes it is a
Define “In the circumstances, is likely to lead that person to believe that it is a Firearm (other than a prohibited firearm) OR Air gun OR Pistol OR Restricted weapon” (presenting anything)
the offender’s actions and the article presented, makes it likely that the other person believes it is a
What are the elements of Possession of controlled drugs
Possess
Any controlled drug
What are the elements of use of controlled drugs
Smoke
Any controlled drug
