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OFFENCES > OF00 Definitions > Flashcards

OF00 Definitions Flashcards

1
Q

Any building

Being found on property without reasonable excuse (building/transport)

A

Structure with roof and walls

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2
Q

Except for some lawful, proper and sufficient purpose

Carrying an imitation firearm // Presenting a firearm at other person // Presenting anything // Unlawful carriage OR possession of a firearm OR airgun OR pistol OR restricted weapon // Discharging a firearm OR airgun OR pistol OR restricted weapon in or near a dwelling house OR public place

A

Without legal right or justificiation, or genuine reasonable excuse in the circumstances

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2
Q

Cultivates AND a prohibited plant

Cultivation of prohibited plants

A
  1. To grow or germinate (includes to sow or plant)
  2. Any prohibted plant listed in Section 2 of the MODA 1975

WHOLE OFFENCE

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3
Q

Any enclosed yard or other such area

Being found on property without reasonable excuse (enclosed yard or area)

A

An enclosed yard, garden or area, appurtenant to a building

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4
Q

Carries AND an imitation firearm

Carrying an imitation firearm

A

Actually has the weapon on or about them

Anything that has an appearance of being a firearm

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5
Q

Firearm

Presenting a firearm at other person // Presenting anything // Unlawful carriage OR possession of a firearm OR airgun OR pistol OR restricted weapon // Discharging a firearm OR airgun OR pistol OR restricted weapon in or near a dwelling house OR public place

A

Anything from which a shot, bullet or other projectile can be discharged by force of explosive

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6
Q

Airgun

Presenting a firearm at other person // Presenting anything // Unlawful carriage OR possession of a firearm OR airgun OR pistol OR restricted weapon // Discharging a firearm OR airgun OR pistol OR restricted weapon in or near a dwelling house OR public place

A

Anything which is capable of discharging projectiles by the use of gas or compressed air

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7
Q

Pistol

Presenting a firearm at other person // Presenting anything // Unlawful carriage OR possession of a firearm OR airgun OR pistol OR restricted weapon // Discharging a firearm OR airgun OR pistol OR restricted weapon in or near a dwelling house OR public place

A

Any frearm designed or adapted to be held and fired with one hand and includes any firearm under 762mm long

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8
Q

Restricted weapon

Presenting a firearm at other person // Presenting anything // Unlawful carriage OR possession of a firearm OR airgun OR pistol OR restricted weapon // Discharging a firearm OR airgun OR pistol OR restricted weapon in or near a dwelling house OR public place

A

Any weapon declared as a restricted weapon by the Governor-General

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9
Q

Presents

Presenting anything // Presenting a firearm at other person

A

Brandishing, deploying or displaying in a threatening way

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10
Q

Resists OR incites or encourages any other person to resist

Resisting Police

A

Requires some degree of force by the offender

Urge or persuade any other person to use some degree of force

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11
Q

Intentionally obstructs OR incites or encourages any other person to obstruct

Obstruction (Resisting Police)

A

Deliberately making it more difficult for a person to carry out their duties

Urge or persuade any other person to make it more difficult for the person to carry out their duties

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12
Q

Why are the elements ‘Intentionally obstructs’ versus only ‘Resists’

A

It must be intentional since a person can accidentally get in the way without any criminal intent

Note: both ‘incites or encourages any other person to resist OR obstruct’ do NOT have intentional (just replace one word)

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13
Q

Wilfully does

Indecent act in public place

A

Deliberate or voluntary, not accidental

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14
Q

Does an indecent act OR any indecent act OR indecently

Indecent act in public place // Indecent act with intent to insult or offend // Indecent assault

A

“Not conforming with generally accepted standards of behaviour, especially in relation to sexual matters”

Refer to dictionary

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15
Q

With intent to insult or offend any person

Indecent act with intent to insult or offend

A

Done deliberately, on purpose aiming to cause offence and outrage to ANY person

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16
Q

Assaults

Indecent assault

A

Section 2, Crimes Act 1961

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17
Q

Intentionally and obscenely

Indecent exposure

A

Intentionally - Deliberate or voluntary and NOT accidental

Obscenely - Offends contemporary standards of proprietary so that a reasonable observer would feel digust, revulsion or loathing

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18
Q

Public place

Indecent exposure

A

Section 2, Summary Offences Act 1981

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19
Q

Behaves in an offensive manner

Offensive behaviour

A

Behaves in a manner arousing feelings of anger, resentment or disgust that causes a disturbance to public order

20
Q

Behaves in an disorderly manner

Disorderly behaviour

A

Behaves in a seriously disruptive manner that causes a disturbance to public order

21
Q

Knowlingly permits

Permits use of premises // Permits use of vehicle

A

Intentionally allows

22
Q

Any motor vehicle

Permits use of vehicle

A

A contrivance equipment with wheels, tracks or revolving runners on which it moves or is moved

23
Q

Any premises

Permits use of premises

A

Land, building or structure including its surroundings

24
Q

Has in his possession

Possession of instruments

A

In their possession or under their control

25
Q

Without lawful authority or reasonable excuse

Possession of offensive weapons or disabling substances (Public place)

A

Without a legal right or justification, authority or permission. No lawful, genuine or reasonable excuse.

26
Q

Any knife

Possession of offensive weapons or disabling substances (Public place // Any place)

A

Any cutting blade

27
Q

Procure / Possess / Consume / Smoke / Otherwise use

Possession OR use of controlled drugs

A

Procure - purchase or obtain

Possess - knowlingly has it in their possession or under their control, a usable quantity

Consume - ingest (eat or drink)

Smoke - inhale smoke

Otherwise use - use a drug in any manner whatsoever other than above

28
Q

Dishonestly

Unlawful uses vehicle / Unlawful takes vehicle / Unlawfully getting into OR upon vehicle

A

Without belief that there was consent or authority from the owner

29
Q

Without claim of right

Unlawful uses vehicle / Unlawful takes vehicle / Unlawfully getting into OR upon vehicle

A

No belief in a right to own or possess the property

30
Q

But not so as to be guilty of theft

Unlawful uses vehicle / Unlawful takes vehicle

A

Unable to prove the intention to permanently deprive the owner

31
Q

Uses

Unlawful uses vehicle

A

Gains possession or control of the property, but then exceeds authority or conditions given by the owner by using it in any manner

32
Q

A prohibited firearm

Unlawful possession of prohibited firearm

A

Secton 2A, Arms Act 1983

33
Q

Trespasses

Trespasses after warning to leave

A

Is on another person’s property without authority or permission

34
Q

On any place

Trespasses after warning to leave

A

At any physical address

35
Q

After being warned to leave that place by an occupier of that place

Trespasses after warning to leave

A

Must be told to leave that place by a lawful occupier of that address

(can be orally, in writing, or other such method)

36
Q

Neglects or refuses to do so

Trespasses after warning to leave

A

After the warning, neglects or refuses to leave. The person must be given reasonable time to leave.

37
Q

Any constable or authorised officer or prison officer or traffic officer acting in the execution of their duty

Obstruction // Resisting Police

A

The person must be lawfully exercising their powers

38
Q

In any place

Indecent act with intent to insult or offend

A

Includes private or public place

39
Q

Another person

Indecent assault

A

It has to be another person other than the offender

40
Q

In or near a dwelling house

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

A

Inside or in the near vicinity of a place of a residence or place of abode

41
Q

In or near a public place

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

A

Section 2, Crimes Act 1961

42
Q

So as to endanger property

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

A

To put the property of another person at risk of damage

43
Q

So as to endanger any person

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

A

To put the person at risk of injury

44
Q

So as to annoy any person

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

A

So as to distress any person

45
Q

So as to frighten any person

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

A

So as to scare any person

46
Q

Discharges

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

A

Fires, or releases or lets go

47
Q

Without reasonable cause

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

A

No genuine or reasonable excuse depending on the circumstances

OFFENCES (15 decks)

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