Offence Elements Flashcards
Wilful Damage
Summary Offences Act 1981 s.11
S.11(1)(a)
- intentionally
- damages
- property
S.11(1)(b)
- intentionally
- sets fire to
- any tree or vegetation
Theft (taking)
Crimes Act 1961 s.29(1)(a)
-dishonestly
-without claim of right
-takes
-any property
-with intent to deprive the owner permanently of that property
OR
with intent to deprive the owner permanently of any interest in that property
Theft (uses)
Crimes Act 1961 s.219(1)(b)
-dishonestly
-without claim of right
-uses or deals with
-any property
-with intent to deprive any owner 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
Assault
Crimes Act 1961 s.196
Summary Offences Act 1981 s.9
- assaults
- another person
Assault with a weapon
Crimes Act 1961 s.202(1)(a)+(b)
-assaults
-another person
-using anything as a weapon
OR
Having anything with him or her in circumstances that Prima facie show an intention to use it as a weapon.
Burglary
Crimes Act 1961 s.231(1)(a)
- enters
- any building OR any ship OR any part of a building OR any part of a ship
- without authority
- with intent to commit an imprisonable offence in the building OR ship
Burglary (having entered)
Crimes Act 1961 s.231(1)(b)
- having entered
- any building OR any ship
- remains without authority
- with intent to commit an imprisonable offence in the building OR ship
Robbery
Crimes Act 1961 s.234
- theft
- accompanied by violence OR accompanied by 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
Unlawful takes vehicle (conversion of vehicle)
Crimes Act 1961 s.226(1)(a)(b)(c)
- dishonestly
- without claim of right
- but not so as to be guilty of theft
- takes
- for his or her own purposes OR another person’s purposes
- any vehicle OR ship OR aircraft OR any part of any vehicle, ship, or aircraft OR any horse
Unlawful uses vehicle (conversion of vehicle)
Crimes Act 196 s.226(1)(a)(b)(c)
- dishonestly
- without claim of right
- but not so as to be guilty of theft
- uses
- for his or her own purposes OR another person’s purposes
- any vehicle OR ship OR aircraft OR any part of any vehicle, ship, or aircraft OR any horse
Receiving
Crimes Act 1961 s.246(1)
-receives
-any property stolen OR any property obtained by any other imprisonable offence
-knowing that property to have been stolen or so obtained
OR
Being reckless as to whether the property had been stolen or so obtained
Fighting in a public place
Summary Offences Act 1981 s.7
NOT IMPRISONABLE
- fights
- in a public place
Disorderly behaviour likely to cause offence
Summary Offences Act 1981 s.3
- in a public place OR within view of a public place
- behaves in OR incites or encourages any person to behave in
- a riotous OR offensive OR threatening OR insulting OR disorderly manner
- that is likely, in the circumstances, to cause violence against persons or property to start or continue
Offensive OR disorderly behaviour
Summary Offences Act 1981 s.4(1)(a)
NOT IMPRISONABLE
- in a public place OR within view of a public place
- behaves in an offensive manner OR behaves in a disorderly manner
Disorderly Assembly
Summary Offences Act 1981 s.5A
- an assembly of 3 or more persons
- in any public place
- assemble or conduct themselves in such a manner to cause persons in the immediate vicinity to fear on reasonable grounds
- that those assembled will
- use violence against persons or property OR commit an offence against section 3 of this act
Excreting in a public place
Summary Offence Act 1981 s.32(1)
NOT IMPRISONABLE
- urinates or defecates
- in any public place
Resisting Police
Summary Offences Act 1981 s.23(a)
- resists OR incites or encourages any other person to resist
- any constable, authorised officer, prison officer, or traffic officer in the execution of their duty.
Obstruction
Summary Offences Act 1981 s.23(a)
- intentionally obstructs OR incites or encourages any other person to obstruct
- any constable, authorised officer, prison officer, or traffic officer acting in the execution of their duty.
Trespass after warning to leave
Trespass act 1980 s.3(1)
- trespasses
- on any place
- after being warned to leave that place by an occupier of that place
- neglects or refuses to do so
Trespass after previous warnings
Trespass act 1980 s.4(4)
- being a person who was been warned under section 4 to stay off any place
- wilfully trespasses on that place
- within 2 years
Possession of offensive weapons or disabling substances (public place)
Crimes Act 1961 s.202A(4)(a)
- without lawful authority or reasonable excuse
- has with him or her
- in any public place
- any knife OR any offensive weapon OR any disabling substance
Possession of offensive weapons or disabling substances
Crimes Act 1961 s.202A(4)(b)
- 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
Possession of a knife
Summary Offences Act 1981 s.13A
- in a public place
- without reasonable excuse
- has any knife
- in his or her possession
Unlawful interferes with vehicle
Crimes Act 1961 s.226(2)
- dishonestly
- without claim of right
- interferes with
- any vehicle OR ship OR aircraft
Dishonestly getting into OR upon
Crimes Act 1961 s.226(2)
- dishonestly
- without claim of right
- gets into OR gets upon
- any vehicle OR ship OR aircraft
Possession of instruments
Crimes act 1961 s.227
- without lawful authority or excuse
- has in his or her possssion
- any instrument capable of being used for taking or converting
- any vehicle OR ship OR aircraft
- with intent to use for such a purpose
Preparing to commit an imprisonable offence
Summary Offences Act 1981 s. 28
- found
- in any public place
- behaving in a manner from which it can be reasonably inferred that the person is
- preparing to commit an imprisonable offence
Conspiring to commit offence
Crimes Act 1961 s.310
- conspires
- with any person
- to commit any offence
Unlawful carriage OR possession of a firearm OR Airgun OR pistol OR restricted weapon OR explosive
Arms Act 1983 s.45(1)(a) or (b)
- except for some lawful, proper and sufficient purpose
- carries OR is in possession of
- firearm OR Airgun OR pistol OR restricted weapon OR explosives
Carrying an imitation firearm
Arms Act 1983 s.46(1)
- except for some lawful, proper and sufficient purpose
- carries
- an imitation firearm
Discharging firearm OR Airgun OR pistol OR restricted weapon in or near a dwelling house OR public place.
Arms Act 1983 s.48(a) or (b)
- without reasonable cause
- discharges
- a firearm OR Airgun OR pistol OR restricted weapon
- in or near a dwelling house OR in or near a public place
- so as to endanger property OR endanger any person OR annoy any person OR frighten any person.
Presenting a firearm
Arms Act 1983 s.52(1)
- except for some lawful and sufficient purpose
- presents
- firearm OR Airgun OR pistol OR restricted weapon
- at any other person
Presenting anything
Arms Act 1983 s.52(2)
- except for some lawful and sufficient purpose
- presents
- at any other person
- anything
- in the circumstances, is likely to lead that person to believe that it is a firearm OR Airgun OR pistol OR restricted weapon.
