Offences 01, 03, 06, 08

Question 1

Factors of assault

Answer 1

1) The intent
2) Weapons or degree of force used
3) Injury

Question 2

Doctrine of transferred malice

Answer 2

Defendant has the necessary mens rea & actus rea even if the victim differs from the intended one.

Question 3

Elements of assault

Answer 3

1) Assaults
2) Another person

Question 4

Definition of “assaults”

Answer 4

Intentionally or attempts to apply force, to a person, directly or indirectly. OR Threatening by act or gesture to apply force, to a person, if the person making the threat has or causes the other to believe on reasonable grounds that they have present ability.

Question 5

Definition of “another person”

Answer 5

Another person that is not the offender

Question 6

Define strangulation

Answer 6

Intentionally or recklessly impedes another persons normal breathing, blood circulation or both by doing all or any of:
1) blocking the nose, mouth or throat
2) applying pressure on, or to, throat, neck or both

Question 7

Elements of willful Damage s11(1)(a)

Answer 7

1) Intentionally
2) Damages
3) Property

Question 8

Elements of wilful Damage s11(1)(b)

Answer 8

1) Intentionally
2) Sets fire to
3) Any tree or vegetation

Question 9

Definition of “intentionally”

Answer 9

A deliberate act, without lawful justification, excuse or claim of right. OR A reckless act, without lawful justification, excuse or claim of right

Question 10

Definition of “Damages”

Answer 10

Temporary or permanently reduction in the value and or usefulness

Question 11

Definition of “property”

Answer 11

Belongs to another person & is capable of being damaged

Question 12

Definition of “sets fire to”

Answer 12

Damages through use of fire

Question 13

Definition of “any tree or vegetation”

Answer 13

Any growing plant

Question 14

Section 11b - possession of graffiti implements

Answer 14

An offence to be in possession of graffiti implements, if without a reasonable excuse.

Question 15

Time frame for prosecution of wilful damage

Answer 15

6 months, unlimited timeframe for crimes act offences.

Question 16

Penalty for Wilful damage

Answer 16

3 months or $2000

Question 17

Elements of Being found on property without reasonable excuse (Building/Transport)

Answer 17

1) Found
2) Without reasonable excuse
3) In OR on
4) Any building, any ship, any hovercraft, any ship, ferry or other vessel, any train, any vehicle

Question 18

Elements of Being found on property without reasonable excuse (enclosed yard)

Answer 18

1) Found
2) Without reasonable excuse
3) In
4) Any enclosed yard or other such area

Question 19

Definition of “found”

Answer 19

To be seen, discovered or to come upon (admission does not count)

Question 20

Definition of “without reasonable excuse”

Answer 20

No reasonable excuse. Excludes any exculpatory fact or belief on behalf of the defendant

Question 21

Definition of “in” or “on”

Answer 21

Physically in or on

Question 22

Definition of “enclosed yard”

Answer 22

An enclosed yard, garden, or area, appurtenant to a building (yard must serve the building and be enclosed)

Question 23

Defences for being found on property

Answer 23

Not necessary to prove the defendant had an intention to commit any offence. BUT it is a defence if the defendant satisfy the court they had no such intention

Question 24

Penalty for being found on property

Answer 24

3 months or $2000

Question 25

Trespass after warning to leave

Answer 25

1) Trespasses
2) on any place
3) After being warned to leave that place by an occupier of that place
4) Neglects/refuses to do so

Question 26

Definition of “Trespasses”

Answer 26

Is on another’s property without authority/permission

Question 27

Definition of “On anplace”

Answer 27

At any physical location

Question 28

Definition of “after being warned to leave that place by an occupier of that place”

Answer 28

Must be told by the lawful occupier of that address. Lawful occupier is any person in lawful occupation of that place, or other person acting under the authority of any person in lawful occupation.

Question 29

Definition of “Neglects/refuses”

Answer 29

After the warning, neglects/refuses to leave, person must be given reasonable time to leave

Question 30

Elements of theft - taking

Answer 30

1) Dishonestly
2) Without claim of right
3) Takes
4) Any property
5) With intent to deprive any owner permanently of that property
OR
With intent to deprive any owner permanently of any interest in that property.

Question 31

Definition of dishonestly

Answer 31

With out belief that consent/authority from the owner

Question 32

Definition of “ without claim of right”

Answer 32

No belief in a right to own or possess the property.

Question 33

Definition of “takes”

Answer 33

Physically moves the property

Question 34

Definition of “With intent to deprive any owner permanently of that property

Answer 34

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 35

Definition of “With intent to deprive any owner permanently of any interest in that property.”

Answer 35

An intent to deprive the owner permanently of that part of the property in which they have an interest

Question 36

Elements of theft - using or dealing

Answer 36

1) Dishonestly
2) Without claim of right
3) Uses or deals with
4) Any property
5) With intent to deprive any owner permanently of that property
OR
With intent to deprive any owner permanently of any interest in that property.
6) After obtaining possession OR control of that property in whatever manner

Question 37

Definition of “uses or deals”

Answer 37

Exceeds the authority or conditions given by using or dealing with the property in any manner.

Question 38

After obtaining possession OR control of that property in whatever manner

Answer 38

Legally obtained possession or control of that property for themselves or any other person

Question 39

Elements of burglary

Answer 39

1) Enters
2) Any building OR any ship OR any part of a building OR any part of a ship
3) without authority
4) With intent to commit an imprisonable offence in the building OR with intent to commit an imprisonable offence in a ship

Question 40

Definition of “enters”

Answer 40

Entry is complete as soon as any part of the body of the person or any part of any instrument used by that person, is within the building /ship

Question 41

Definition of “Any building”

Answer 41

Any building or structure whether permanent or temporary.

Question 42

Definition of “With out authority”

Answer 42

An absence of authority, either expressed or implied, from a person defendant believes is legally able to give consent.

Question 43

Definition of “With intent to commit an imprisonable offence in the building”

Answer 43

Must be an intention to commit an imprisonable offence in the building.

Question 44

Elements of burglary - having entered

Answer 44

1) Having entered
2) Any building or ship
3) remains without authority
4) With intent to commit an imprisonable offence in the building

Question 45

Definition of “having entered”

Answer 45

Is physically inside the building/ship

Question 46

Definition of “remains without authority”

Answer 46

Remains when consent to be within the building/ship no longer applies

Question 47

Aggravated burglary

Answer 47

1) While committing burglary, has a weapon with them or uses anything as a weapon
2) having committed burglary has a weapon with them or uses anything as a weapon, while still in the building/ship
3) armed with a weapon to intent to commit burglary.

Question 48

Possession of instruments for burglary

Answer 48

1) Without lawful authority or excuse
2) Has in their possession
3) Any instrument capable of being used for burglary
4) With intent to use it for such a purpose