Offence elements

Question 1

Elements of assault

Answer 1

1. Assaults

(Intentionally applying force OR attempting to apply force to another person directly or indirectly)
OR
(Threatening by getting at all gesture to apply such force to the person of another if the person making the threat has all causes the other to believe on reasonable grounds that they have the present ability to affect their purpose)

2. Another person

(A person other than the suspect)

Question 2

Elements of Wilful Damage

Answer 2

1. Intentionally
   - Deliberate or reckless act without lawful justification.
2. Damages
   - A permanent or temporary reduction in value / usefulness of the property.
3. Property
   - Something that belongs to another person and capable of being damaged.

Question 3

Elements of Burglary

Answer 3

1. Enters
   - Entry is compete when any part of body or instrument used by the person is within the building or ship.
2. Any building / ship / part of building / part of ship
   - Any building or structure wether permanent or temporary (includes a tent)
3. Without authority
   - An absence of authority either expressed or implied OR when entry is gained by use of threat or artifice (deception)
4. With intent to commit an imprisonable offence in that building OR ship OR part of building OR part of ship
   - There must be an intention to commit an imprisonable offence (Say the offence EG Theft)

Question 4

Elements of Being Found on Property without reasonable excuse (Building / Transport)

Answer 4

1. Found
   - To be seen, discovered, come upon
2. Without reasonable excuse
   - Without reasonable excuse
3. In OR on
   - Physically inside of
   - Physically on
4. Any Building OR aircraft OR hovercraft OR ship OR train OR vehicle
   - A structure with a roof and walls
   - A aircraft capable of flight
   - A boat for transporting people or goods by sea
   - A thing used to transport people of goods such as a car

Question 5

Elements of Being found on Property (Enclosed yard or area)

Answer 5

Found

Without reasonable excuse

In

Any enclosed yard /other such area

Question 6

Associated offences

Answer 6

1. Found
   - Discovered
2. In a public place
   - sec 2 summary offences
3. Behaving in a manner from which it can be reasonably inferred that the person is
   - Carrying out actions that the court may infer the intentions of the offender
4. Preparing to commit an imprisonable offence
   - Preparing to commit any imprisonable offence

Question 7

Elements of Theft

Answer 7

1. Dishonestly
   - Without a belief that it was a consent or authority from the owner
2. Without claim or right
   - No belief and a right to own possess the property
3. Takes
   - Physically moves the property
4. Any property
   - Anything whatsoever with tangible or intangible that is the property of any person and has value.
5. With intent to deprive any owner permanently of that property
   - an intent to deprive the owner permanently of the property OR
   deal with the property in a manner so that it cannot be restored to its original condition

Question 8

Elements of Robbery

Answer 8

1. Theft
   - The fifth must be complete to a point where position of the property is obtained by the suspect
2. Accompanied by violence
   OR threats of violence
   - violence before or over the time of the theft.
   - Threats of violence before or at the time of the theft demonstrated by conduct or words
3. To any person
   OR property
   - The person who has been threatened with violence or the person who had violence used against them
   - The property that has been threatened with violence or the property has had violence used against it
4. Used to extort the property stolen
   OR used to prevent/ overcome resistance to that property being stolen.
   - The violence or threats used by suspect are sufficient to cause the person to handover the property against their will

Question 9

Elements of Receiving Stolen Property

Answer 9

1. Receives
   - either exclusively or jointly with the thief or any person has position or control over anything unlawfully obtained or help in concealment or disposal.
2. Any property stolen
   OR property obtained by any other imprisonable offence
   - Anything wether with tangible or intangible that is the property of any person has value and has been stolen
   - Anything wether tangible or tangible that has the property of any person has value and has been obtained by an imprisonable offence other than theft.
3. Knowing that property to have been stolen/obtained
   OR being reckless as whether the property had been stolen/so obtained
   - believing at the time of receiving that the property had been stolen or obtained by any other imprisonable offence.
   - Receives the property despite the person consciously taking an unreasonable risk that the property might be stolen or obtained by any other imprisonable offence

Question 10

Elements of - fighting in a Public Place

Answer 10

Fights

In a public place