Offences 03, 07

Question 1

Elements of robbery

Answer 1

1) Theft
2) Accompanied by violence OR accompanied by threats of violence
3) To any person OR to any property
4) Used to extort the property stolen OR to prevent or overcome resistance to the property being stolen

Question 2

Definition of “Accompanied by violence OR accompanied by threats of violence “

Answer 2

Violence before or at the time if the theft.
OR
Threat of violence before or at the time if the theft. demonstrated by conduct or words

Question 3

Definition of “accompanied by threats of violence”

Answer 3

The person who violence who has been threatened with violence/violence used against.
Property that has been threatened with violence/ violence used against.

Question 4

Definition of “Used to extort the property stolen OR to prevent or overcome resistance to the property being stolen”

Answer 4

The violence/threats used by the offender are sufficient to cause the person to hand over the property against their will.

The property is taken by the offender after any resistance to its taking been prevented or overcome.

Question 5

Definition of violence

Answer 5

unlawful exercise of physical force

Question 6

Aggravated robbery is where:

Answer 6

• a person robs any person and at the time before/after the robbery causes GBH to any person
• being together with any other person or persons robs any person
• a person armed with an offensive weapon or instrument, robs any person

Question 7

Assault with intent to rob

Answer 7

Assaults a person with intent to rob them but no theft made

Question 8

Demanding with intent to steal

Answer 8

Person who, with menace or by nay threat, demands any property from any person with intent to steal it

Question 9

Elements of Receiving

Answer 9

1) Receives
2) Any property stolen OR any property obtained by any other imprisonable offence
3) Knowing that property to have been stolen or so obtained OR Being reckless as to whether the property had been stolen or so obtained.

Question 10

Definition of “receives”

Answer 10

Either exclusively or jointly with the thief or any other person has possession or control over anything unlawfully obtained or helps in its concealment/disposal

Question 11

Definition of “Any property stolen OR any property obtained by any other imprisonable offence”

Answer 11

Anything whatsoever, that is property of any person, has value and has been stolen.
Anything whatsoever, that is the property of any person, has value and has been obtained by an imprisonable offence other than theft.

Question 12

Definition of “Knowing that property to have been stolen or so obtained OR Being reckless as to whether the property had been stolen or so obtained.”

Answer 12

Believing at the time if receiving that the property had been stolen or obtained by any other imprisonable offence.
Receives the property, consciously taking a unreasonable risk that the property might be stolen/obtained by any other imprisonable offence.

Question 13

Doctrine of recent possession

Answer 13

If a person is found in possession if property that has recently been stolen, this is sufficient evidence to justify a finding that the possessor is either the thief or dishonest receiver.

Question 14

Guilty knowledge is proved by

Answer 14

Direct evidence and circumstantial evidence

Question 15

Elements of Possession of offensive weapons or disabling substance Crimes Act 1961 s202A(4)(a)

Answer 15

1) Without lawful authority or reasonable excuse
2) Has with him or her
3) In any public place
4) any knife OR any offensive weapon or any disabling substance

Question 16

Definition of “Without lawful authority or reasonable excuse”

Answer 16

Without legal right or justification, authority or permission. No lawful, genuine or reasonable excuse.

Question 17

Public place

Answer 17

A place that, at any material time, is open to or is being used by the public, whether any owner or occupier of the place is lawfully entitled to exclude or eject any person from that place. Also includes vehicles in a public place

Question 18

Definition of “any knife OR any offensive weapon or any disabling substance” Crimes Act 1961 s202A(4)(a)(Public place)

Answer 18

knife: any cutting blade
Offensive weapon: any article intended/made/altered for use for causing bodily injury
Disabling substance: anaesthetizing intended for the purpose of disabling people

Question 19

Elements of Possession of offensive weapons or disabling substances Crimes Act 1961 s202A(4)(b)
(any place)

Answer 19

1) Has in his or her possession
2) In any place
3) Any offensive weapon OR any disabling substance
4) In circumstances that prima facie show an intention to commit an offence involving bodily injury or the threat or fear or violence

Question 20

Definition of “Any place”

Answer 20

Any place including public or private

Question 21

Definition of “In circumstances that prima facie show an intention to commit an offence involving bodily injury or the threat or fear or violence”

Answer 21

Actions by the offender show on the face of it that the person is intentionally going to use it to commit an offence involving some form of bodily injury or threat or fear of violence.

Question 22

Possession of a knife (Summary Offences Act 1981 s13A)

Answer 22

1) In a public place
2) Without reasonable excuse
3) Has any knife
4) In his possession

Question 23

Definition of “offensive weapon” (any place

Answer 23

Any article capable of being used for causing bodily injury

Question 23

Definition of “offensive weapon” Crimes Act s202A(4)(b)(any place)

Answer 23

Any article capable of being used for causing bodily injury

Question 24

Elements of fights in a public place

Answer 24

1) Fights
2) In a public place

Question 25

Definition of “Fights”

Answer 25

Punching, striking, mauling, wrestling between two willing participants

Question 26

Elements of Offensive OR disorderly behaviour

Answer 26

1) In a public place
OR
within view of a public place
2) Behaves in an offensive manner OR
Behaves in a disorderly manner

Question 27

Definition of “Behaves in an offensive manner”

Answer 27

Behaves in a manner arousing feelings of anger, resentment or disgust that causes a disturbance to public order

Question 28

Definition of “Behaves in a disorderly manne”

Answer 28

Behaves in a seriously disruptive manner that causes a disturbance to public order

Question 29

Elements of defecting or urinating in a public place

Answer 29

1) urinates OR defecates
2) In a public place

Question 30

Power of arrest for defecating/urinating in a public place

Answer 30

Arrest under Summary Offences Act 1981 s39(2)
Only arrest once the act is seen by a constable and the offender fails to give their name and address on demand.

Question 31

Elements of resisting police

Answer 31

1) Resists OR incites or encourages any other person to resist.
2) Any constable or authorised officer or prison or traffic officer acting in the execution of their duty

Question 32

Definition of “Resists OR incites or encourages any other person to resist.”

Answer 32

Requires some degree of force by the offender

Urge or persuade any other person to use some degree of force

Question 33

Elements of Obstruction (resisting police)

Answer 33

1) Intentionally obstructs OR
incites or encourages any other person to obstruct
2) Any constable or authorised officer or prison or traffic officer acting in the execution of their duty

Question 34

Definition of “ Intentionally obstructs OR
incites or encourages any other person to obstruct”

Answer 34

Deliberately making it more difficult for a person to carry out their duties

Urge or persuade any other person to make it more difficult for the person to carry out their duties.