Offence Elements Flashcards

1
Q

What are the elements of assault?

A
  • Assaults
  • Another person
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2
Q

What are the elements of fighting in a public place?

A
  • Fights
  • In a public place
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3
Q

What are the elements of robbery?

A

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 to the property being stolen

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4
Q

What are the elements of burglary? (having entered)

A

Having entered

Any building
OR
Any ship

Remains without authority

With the intent to commit an imprisonable offence in the building
OR
ship

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5
Q

What are the elements of theft?
(By taking)

A

Dishonestly

Without claim of right

Takes

Any property

With the intent to deprive any owner permanently of that property
OR
With the intent to deprive any owner permanently of any INTEREST in that property

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6
Q

What are the elements for receiving?

A

Receives

Any property stolen
OR any property obtained by another imprisonable offence

Knowing that their property to have been stolen or so obtained
OR
Being reckless as to whether the property has been stolen or so obtained

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7
Q

What are the elements for burglary?

A

Enters

Any building
OR
Any ship, part of ship, part of building

Without authority

What the intent to commit an imprisonable offence in the building
OR
With intent to commit an impressionable offence in that ship

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8
Q

What are the elements for position of instruments?

A

Has in his possession

Any pipe
OR
Any utensil

For the purpose of the commission of an offence against the misuse of drugs act 1975

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9
Q

What are the elements for unlawful uses vehicle?

A

Dishonestly

Without claim of right

But not so as to be guilty of theft

Uses

For his or her purposes
OR
Another persons purposes

Any vehicle
OR
Any ship, aircraft, horse, part of vehicle, part of ship, part of aircraft

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10
Q

What are the elements for unlawful takes vehicle?

A

Dishonestly

Without claim of right

But not so as to be guilty of theft

Takes

For his or her purposes
OR
Another persons purposes

Any vehicle
OR
Any ship, aircraft, horse, part of vehicle, part of ship, part of aircraft

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11
Q

What are the elements for unlawfully getting into OR apon?

A

Dishonestly

Without claim of right

Gets into
OR
Gets apon

Any vehicle
OR
Any ship
OR
Any aircraft

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12
Q

What are the elements for being found on property without reasonable excuse?
(Enclosed yard or area)

A

Found

Without reasonable excuse

In

Any enclosed yard or other such area

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13
Q

What are the elements for being found on property without reasonable excuse?

A

Found

Without reasonable excuse

In
OR
On

Any building
OR
Any aircraft, hovercraft, ship, ferry, vessel, train, vehicle

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14
Q

What are the elements for Tress pass after warning to leave?

A

Trespasses

On any place

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

Neglects to do so, or refuses to do so

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15
Q

What are the elements for Tress passes after previous warnings?

A

Being a person who has been warned under section 4 to stay off any place

Wilfully Trespasses on that place

Within two years

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16
Q

What are the elements for wilful damage?
(property)

A

Intentionally

Damages

Property

17
Q

What are the elements for wilful damage?
(Tree or vegetation)

A

Intentionally

Set fire to

Any tree or vegetation

18
Q

What are the elements for resisting Police?

A

Resists
OR
Insights or encourages any other person to resist

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

19
Q

What are the elements for obstruction?
(Resisting police)

A

Intentionally obstructs
OR
Incites for encourages any other person to obstruct

Any constable authorised officer, prison officer or traffic officer in the execution of the duty.

20
Q

What are the elements for presenting a firearm at another person?

A

Except for some lawful sufficient purpose

Presents

Firearm (other than a prohibited firearm) airgun, pistol, or restricted weapon

At any other person

21
Q

What are the elements for indecent act with intent to insult or offend?

A

With intent to insult or offend any person

Does any indecent act

In any place

22
Q

What are the elements for indecent exposure?

A

In
OR

Within view of a public place
Intentionally and obscenely

Exposes any part of his or her genitals

23
Q

Unlawful carriage
OR
Possession of a firearm, air gun, pistol, prohibited magazine, restricted weapon or explosives

A

Except for some lawful proper sufficient purpose

Carries
OR
Is in possession of

Firearm
OR
A gun, pistol, prohibited magazine, restricted, weapon or explosives

24
Q

What are the elements for unlawful possession of prohibited firearm?

A

In possession of

A prohibited firearm

Not authorised or permitted to be in position by the act

25
Q

What are the elements for indecent assault?

A

Indecently

Assaults

Another person

26
Q

What are the elements for carrying imitation firearm?

A

Except for some lawful proper sufficient purpose

Carries

An imitation firearm

27
Q

What are the elements for possession
OR
use of controlled drugs?

A

Procure
OR
Possesses consume, smoke, or otherwise use

Any controlled drug

28
Q

What are the elements for theft?
(by using or dealing)

A

Dishonestly

Without claim of right

Uses or deals with

Any property?

With intent to deprive any on a permanently of that property
OR
With intent to deprive any owner permanently of any interest in that property

After obtaining possession or control of that property in whatever manner

29
Q

What are the elements of cultivation of prohibited plants?

A

Cultivates

A prohibited plant

30
Q

What are the elements for indecent acts in public place?

A

Wilfully does

Any indecent act

In any place to watch the public have or are permitted to have access
OR
Within view of any place to watch the public have or are permitted to have access

31
Q

What are the elements for offensive
OR
disorderly behaviour?

A

In a public place
OR
With in view of a public place

Behaves in an offensive manner
OR
Behaves in a disorderly manner

32
Q

What are the elements for permits use of premises
OR
Permits use of vehicle?

A

Knowingly permits

Any premises
OR
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

33
Q

What are the elements for discharging firearm
OR
Air gun, pistol restricted weapon in or near a dwelling house or public place

A

Without reasonable cause

Discharges

A firearm
OR
Airgun, pistol, restricted weapon

In or near dwelling house
OR
In or near a public place, so as to endanger property, so as to endanger any person so as to annoy any person so as to frighten any person

34
Q

What are the elements for unlawful interferes with vehicle?

A

Dishonestly

Without claim of right

Interferes with

Any vehicle
OR
Any ship
OR
Any aircraft

35
Q

What are the elements for position of offensive weapons or disabling substances?
(Any place)

A

Has in his or her possession

In any place

Any offensive weapon
OR
Any disabling substance

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

36
Q

What are the elements for position of offensive weapons or disabling substances?
(Public place)

A

Without lawful authority or reasonable

Has with him or her

In any place

Any knife
OR
Any offensive weapon
OR
Disabling substance