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.