Offence Elements

Question 1

Assault

Answer 1

• Assaults

- Another Person

Question 2

What charge to use?

Answer 2

• Intent
• Weapons or Degree of force used
• Injury Received

Question 3

Assault types - Section 2 Crimes Act 1961

Answer 3

• Intentionally applying force directly
• Intentionally applying force indirectly
• Attempting to apply force directly
• Attempting to apply force indirectly
• Threatening, by any act or gesture, to apply force if the person making that threat has the present ability
• Threatening, by any act or gesture, to apply such force if the person believes making the threat causes the other to believe on reasonable grounds he has - the present ability

Question 4

Wilful damage

Answer 4

• Intentionally
• Damages
• Property
  OR
• Sets Fire to
• Any tree or vegetation

Question 5

Theft (takes)

Answer 5

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

Question 6

Theft (uses or deals)

Answer 6

• Dishonestly
• Without Claim of right
• Uses or deals
• Any property
• With intent to deprive any owner permanently of that property
• OR any interest in that property
• After obtaining possession or control of that property in whatever manner

Question 7

Burglary (enters)

Answer 7

• Enters
• Any building, or any ship, or any part of and building or shop
• Without lawful claim or right
• With intent to commit and imprisonable offence in the building OR ship

Question 8

Burglary (having entered)

Answer 8

• Having entered
• Any building, or any ship, or any part of and building or shop
• Remains without authority
• With intent to commit and imprisonable offence in the building OR ship

Question 9

Aggravated Burglary (While committing Burglary)

Answer 9

• Has a weapon with them
  OR
• Uses anything as a weapon

Question 10

Aggravated Burglary (Having committed a burglary)

Answer 10

• Has a weapon with him or her
  OR
• Uses anything as a weapon while still in the building or ship

Question 11

Robbery (10 years imprisonment)

Answer 11

• Theft
• Accompanied by violence
  OR
  -Threats of violence
• To any person
  OR
• To any property
• Used to extort the property stolen
  OR
• To prevent or overcome resistance of property being stolen

Question 12

Assault with intent to rob

Answer 12

Commits the violence but nothing is actually stolen (7 year imprisonment)

Question 13

Demands with menace (7 years)

Answer 13

Threats or demands property but no theft occurs

Question 14

Receiving

Answer 14

• Receives
• Any property stolen or so obtained
  OR
• Obtained through another imprisonable offence
• Knowing that property to have been stolen or so obtained
  OR
• Being reckless as to whether that property had been stolen or so obtained

Question 15

Unlawful takes vehicle

Answer 15

• Dishonestly
• Without claim of right
• But not so as to be guilty of theft
• Takes
• For his or her own purposes OR another persons purposes
• Any vehicle OR ship OR aircraft OR any part of any vehicle, ship or aircraft OR any horse

Question 16

Unlawful uses vehicle

Answer 16

• Dishonestly
• Without claim of right
• But not so as to be guilty of theft
• Uses
• For his or her own purposes OR another persons purposes
• Any vehicle OR ship OR aircraft OR any part of any vehicle, ship or aircraft OR any horse

Question 17

Unlawful interferes with vehicle

Answer 17

• Dishonestly
• Without claim of right
• Interferes with
• Any vehicle OR any ship OR any aircraft

Question 18

Unlawfully getting into OR upon

Answer 18

Dishonestly

• Without claim of right
• Gets into OR gets upon
• Any vehicle OR any ship OR any aircraft

Question 19

Fighting in a public place

Answer 19

• Fights

- In a public place

Question 20

Public Place

Answer 20

• A place that at any material time
• Is open to or being used by the public
• Whether free or on payment of a charge
• And whether the owner or occupier is lawfully entitled to exclude or eject that person from the place

Question 21

Public Place Part 2

Answer 21

• And includes any aircraft, hovercraft etc.
• That is available for hire or reward
• Also includes the interior of any vehicle if it is in a public place

Question 22

Offensive OR disorderly behaviour

Answer 22

• In a public place OR within view of a public place

- Behaves in an offensive manner OR behaves in a disorderly manner

Question 23

Resisting Police

Answer 23

• Resists OR incites or encourages any other person to resist
• Any constable, authorised officer etc. in the execution of their duty

Question 24

Obstructing Police

Answer 24

• Intentionally obstructs OR incites or encourages any other person to obstruct - Any constable, authorised officer etc. in the execution of their duty

Question 25

Trespass after warning to leave

Answer 25

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

Question 26

Trespass after previous warnings

Answer 26

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

Question 27

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

Answer 27

- Found - Without reasonable excuse - In OR on - Any building OR any aircraft OR any hovercraft

Question 28

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

Answer 28

- Found - Without reasonable excuse - In - Any enclosed yard or other such area