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RNZPC > Offence Elements > Flashcards

Offence Elements Flashcards

1
Q

Wilful Damage

Summary Offences Act 1981 s.11

A

S.11(1)(a)

  • intentionally
  • damages
  • property

S.11(1)(b)

  • intentionally
  • sets fire to
  • any tree or vegetation
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2
Q

Theft (taking)

Crimes Act 1961 s.29(1)(a)

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

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3
Q

Theft (uses)

Crimes Act 1961 s.219(1)(b)

A

-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

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4
Q

Assault
Crimes Act 1961 s.196
Summary Offences Act 1981 s.9

A
  • assaults

- another person

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5
Q

Assault with a weapon

Crimes Act 1961 s.202(1)(a)+(b)

A

-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.

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6
Q

Burglary

Crimes Act 1961 s.231(1)(a)

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
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7
Q

Burglary (having entered)

Crimes Act 1961 s.231(1)(b)

A
  • having entered
  • any building OR any ship
  • remains without authority
  • with intent to commit an imprisonable offence in the building OR ship
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8
Q

Robbery

Crimes Act 1961 s.234

A
  • 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
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9
Q

Unlawful takes vehicle (conversion of vehicle)

Crimes Act 1961 s.226(1)(a)(b)(c)

A
  • 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
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10
Q

Unlawful uses vehicle (conversion of vehicle)

Crimes Act 196 s.226(1)(a)(b)(c)

A
  • 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
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11
Q

Receiving

Crimes Act 1961 s.246(1)

A

-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

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12
Q

Fighting in a public place
Summary Offences Act 1981 s.7

NOT IMPRISONABLE

A
  • fights

- in a public place

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13
Q

Disorderly behaviour likely to cause offence

Summary Offences Act 1981 s.3

A
  • 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
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14
Q

Offensive OR disorderly behaviour
Summary Offences Act 1981 s.4(1)(a)

NOT IMPRISONABLE

A
  • in a public place OR within view of a public place

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

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15
Q

Disorderly Assembly

Summary Offences Act 1981 s.5A

A
  • 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
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16
Q

Excreting in a public place
Summary Offence Act 1981 s.32(1)

NOT IMPRISONABLE

A
  • urinates or defecates

- in any public place

17
Q

Resisting Police

Summary Offences Act 1981 s.23(a)

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.
18
Q

Obstruction

Summary Offences Act 1981 s.23(a)

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.
19
Q

Trespass after warning to leave

Trespass act 1980 s.3(1)

A
  • trespasses
  • on any place
  • after being warned to leave that place by an occupier of that place
  • neglects or refuses to do so
20
Q

Trespass after previous warnings

Trespass act 1980 s.4(4)

A
  • being a person who was been warned under section 4 to stay off any place
  • wilfully trespasses on that place
  • within 2 years
21
Q

Possession of offensive weapons or disabling substances (public place)
Crimes Act 1961 s.202A(4)(a)

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
22
Q

Possession of offensive weapons or disabling substances

Crimes Act 1961 s.202A(4)(b)

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
23
Q

Possession of a knife

Summary Offences Act 1981 s.13A

A
  • in a public place
  • without reasonable excuse
  • has any knife
  • in his or her possession
24
Q

Unlawful interferes with vehicle

Crimes Act 1961 s.226(2)

A
  • dishonestly
  • without claim of right
  • interferes with
  • any vehicle OR ship OR aircraft
25
Q

Dishonestly getting into OR upon

Crimes Act 1961 s.226(2)

A
  • dishonestly
  • without claim of right
  • gets into OR gets upon
  • any vehicle OR ship OR aircraft
26
Q

Possession of instruments

Crimes act 1961 s.227

A
  • 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
27
Q

Preparing to commit an imprisonable offence

Summary Offences Act 1981 s. 28

A
  • 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
28
Q

Conspiring to commit offence

Crimes Act 1961 s.310

A
  • conspires
  • with any person
  • to commit any offence
29
Q

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)

A
  • except for some lawful, proper and sufficient purpose
  • carries OR is in possession of
  • firearm OR Airgun OR pistol OR restricted weapon OR explosives
30
Q

Carrying an imitation firearm

Arms Act 1983 s.46(1)

A
  • except for some lawful, proper and sufficient purpose
  • carries
  • an imitation firearm
31
Q

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)

A
  • 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.
32
Q

Presenting a firearm

Arms Act 1983 s.52(1)

A
  • except for some lawful and sufficient purpose
  • presents
  • firearm OR Airgun OR pistol OR restricted weapon
  • at any other person
33
Q

Presenting anything

Arms Act 1983 s.52(2)

A
  • 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.

RNZPC (19 decks)

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