Offence Elements Flashcards
What are the elements?
Assault
(1) Assaults - Physical force (direct/indirect) , act or gesture to apply force, present ability to apply.
(2) Another Person - other than suspect.
Crimes Act 1961 s196 // Summary Offences Act 1981 s9
What are the elements?
Wilful Damage
(1) Intentionally - Deilbierate, no lawful justifaction, excuse / claim of right.
(2) Damages - Temporary/Permanent reduction value/usefulness.
(3) Property - Belongs to another , capable of being damaged.
Summary Offences Act 1981 11 (1) (a)
What are the elements?
Burglary
(1) Enters - complete when any part of the body / any part of instrument used by that person is within building / ship.
(2) Any building, OR ship, OR any part of building OR any part of a ship - Permanent/Temporary structure, enclosed yard, closed tunnel. Any vessel.
(3) Without Authority - Absence of authoritary OR when entry is gained from threat / artifice. From a person the defendant believes has authoritary to give.
(4) With Intent to commit an imprisonable offence in a building OR with intent to commit an imprisonable offence in a ship. - Must be an attempt to commit and imprisonable
Crimes Act 1961 s231 (1) (a)
What are the elements?
Being found on property
(Building / Transport)
(1) Found - To be seen or to be discovered on, or to come upon.
(2) Without reasonable excuse -
(3) In or on - Physically inside of, on.
(4) Any building OR aircraft, OR hovercraft OR ship/ferry, OR train, OR vehicle - A structure with a roof and walls e.g. house/facotry, OR aeroplane, OR vehicle, OR boat, OR, railway carriages, OR car lorry or cart.
Summary Offences Act 1981 s29 (1) (a) or 29 (1)(c)
What are the elements?
Being found on property
(Enclosed yard or area)
(1) Found- To be seen, or to be discovered, or to come upon.
(2) Without reasonable excuse -
(3) In or on - Physically inside of / on
(4) Enclosed yard/other such area - Enclosed yard, garden area, appurtenant to a building.
Summary Offences Act 1981 s29 (1) (b)
What are the elements?
Association Offences
(1) Found - Dictionary definition: discovered.
(2) In any public place - sec 2 Summary Offences Act 1981
(3) Behaving in a manner from which it can be reasonably inferred that the person is - Carrying out the actions from which the court may ingfer the intentions of the offender
(4) Preparing to commit and imprisonable offence
Summary Offences Act 1981, s 28
What are the elements?
Theft
(1) Dishonestly - Without belief that there was consent or authority from the owner.
(2) Without claim of right - No belief of right to own / posses property.
(3) Takes - Physically moves the property
(4) Any property - Anything whatsoever tangible/intangible, that is property of any person and has value.
(5) With intent to deprive any owner permanantly of that property - Intent to deprive permanently of property, OR deal with the properrty in a manner so that it cannot be restored to it original condition.
Crimes Act 1961 s219 (1) (a) / 223(b) / 223(c) / 223(d)
What are the elements?
Robbery
(1) Theft - The theft must be complete to the point where possesion of the property is obtained by the suspect
(2)Accompanied by violence OR threats of violence - Violence before or at time of the theft, demonstrated by conduct or words.
(3)To any person OR any property - The person has been threatened with violence, OR the property had violence used against it.
(4) Used to extort the property stolen OR prevent/overcome resistance to the property stolen - The violence/threats used by the suspect are sufficient to cause the person to hand over the property against will.
OR the property is taken by the suspect after any resistance to its taking has been prevented or overcome.
Crimes Act 1961 s234(1) & (2)
What are the elements?
Receives Stolen Property
(1) Receives - Either exclusively/jointly with the thief or any other person has possesion or control over anyhting unlawfully obtained or helps in its concealment/disposal.
(2) Any property stolen OR property obtained by any other imprisonable - Anyhting whatsoever, that is property of any person, has value and is stolen.
(3) Knowing that property to have been stolen/so obtained or being reckless as to wether the property had been stolen/so obtained. Believing at the time the property had been stolen
OR , receives property despite the person consciously taking an unreasonable risk that the property might be stolen.
Crimes Act 1961 s246(1) / 247(a), 247(b), 247(c)
What are the elements?
Trespass
(After warning to leave)
(1) Trespasses - Is on another person’s property without authoritary or permission.
(2) On any place - At any physical address.
(3) After being warned to leave that place by occupier of that place - Must be told to leave the address by the occupier
(4) Neglects or refuses to do so - After the warning, neglects or refuses to leave. The person must be given reasonable time to leave.
Trespass Act s3(1) / 11(2)(a)
What are the elements?
Unnlawfully Takes Vehicle
- Dishonestly - Without belief there was consent from owner
- ** Without claim of right** - No belief in right to own / posses
- But not so as to be guilty of theft - Unable to prove intent to permanently deprive the owner.
- Takes - Physically moves the property
-
For his/her own purposes OR For another person’s purposes
6.** Any Vehicle OR Any Ship OR Any Aircraft OR Any part of any vehicle, ship, or aircraft OR Any horse. **
Crimes Act 1961 Section 226(2)
2 Years in prison
What are the elements?
Unlawfully getting into OR upon
- Dishonestly - without belief consent from owner
- Without Claim of right - No beliefe has right to posses
- Gets into OR Gets upon - Physically gets into / upon
- Any vehicle OR Ship OR Aircraft - Any type of vehicle
Crimes Act 1961, section 226(2)
2 Years in Prison
What are the elements?
Unlawfully interferes with Vehicle
- Dishonestly - without belief consent from owner.
- Without Claim of right - No beliefe has right to posses.
- Interferes with - Touches or deals with in any way.
- Any vehicle OR Ship OR Aircraft - Any type of vehicle.
Crimes Act 1961 226(2)
2 Years in Prison
When is Theft Complete?
When the property has been physically moved.
(Lapier’s Case - Theft of earing)
What is the definition of?
Public Place
- A place that at any material time
- Is open to, or being used by the public
- Whether free or on payment of charge
- And whether any owner/occupier of the place is lawfully entitled to exclude/eject that person from that place
- And includes: Vehicles, Ship, Ferry, Aircraft, other vessels.
- That is carrying or available to carry passengers for reward.
- And Includes the interior of any vehicle that is in a public place.
What are the elements?
Possession of Offensive weapons or disabling substances (any place)
(ANY PLACE)
Crimes Act
- Has in his or her possession - Has in their possession
- In any place - (public + private)
-
Any offensive weapon
OR
Any disabling substance - Any article capable of causing bodily injury. - In cirumstances in prima facie shows an intention to use it to commit an offence involving bodily injury or the threat or fear of violence - going to use it to commit an offence / cause bodily injury
Crimes Act 1961 Section 202A(4)(b)
3 years imprisonment
What are the elements?
Possession of Offensive weapons or disabling substances (public place)
Crimes Act
- Without legal authoritary or reasonable excuse - no legal justification or lawful, genuine excuse.
- Has with him or her - Has in their possession
- In any public place (public place)
-
Any knife
OR
Any offensive weapon
Any disabling substance - Cutting blade , any article made altered intended use causing bodily injury
What are the elements of?
Possession of a knife
Summary Offences
- In a public place -
- Without reasonable excuse -
- Has any knife -
- In his or her possession-
Summary Offences Act 1981, section 13A
What is?
Defence to Possession of a knife in public?
Summary Offences Act 1981, Section 13A
If the charged person can prove they didn’t intead to use it to cause bodily injury or the threat or fear of violence.
What are the elements?
Carrying an Imitation firearm
Arms Act
- Except for some lawful, proper and sufficient purpose - Without legal right or justification, or genuine excuse
- Carries - Actually has the weapon on them
- An imitation firearm - Anything that has an appereance of being a firearm.
Arms Act 1983 , section 46(1)
1 year inprisonment // $4,000 Fine
What are the elements
Presents a Firearm
Arms Act 1983
- Except for some lawful and sufficient purpose - Without legal justification genuine reasonable excuse.
- Presents - Brandishes, deploys, display in threatening way.
-
Firearm
OR
Air gun
OR
Pistol
OR
Restricted weapon - Any restricted weapon - At any other person -
Arms Act 1983, section 52(1)
6 months inprisonment // $10,000 Fine
What are the elements?
Presents Anyhting
Arms Act 1983, section 52(2)
- Except for some lawful and sufficient purpose - Without lawful justification genuine reason
- Presents - Bradishes, deploy, display in threatening way
- At any other person - any other person
- Anything - Anything at all
- In the circumstances, is likely to lead that person to believe that is a firearm
OR
Airgun
OR
Pistol
OR
Restricted weapon
Arms Act 1983, section 52(2)
6 months inprisonment // $10,000 Fine
What are the elements?
Indecent Exposure
- In a Public Place OR View of a public Place -
- Intentionally - deliberate, voluntary, not by accident
- Obscenely - Observer would regard as “Loathing, Disgust, Revulsion”
- Exposes any part of his or her genitals - Penis, Testies, Vulva, Vagina.
Summary Offences 1981 Section 27(1)
Officers can’t be the observer offended.
What are the elements?
Indecent Act in a Public Place
- Willfully Does - Deliberate, Voluntary, not accidental
- Any indecent act - Doesn’t conform with general accepted behaviour, in relation to sexual matters
- In any place to which the public have or permitted to have access OR Within view of any place to which the public have or permitted to have access - Any public place / view of public place.
Crimes Act 1961 section 125(1)
(Doing an action)
