Offences 1 Flashcards
What is section 246/247 of the Crimes Act 1961?
RECEIVING
- Receives
- Any property stolen or any property obtained by any other imprisonable offence
- Knowing that property to be stolen or so obtained or being reckless as to whether the property had been stolen or so obtained.
What is section 234 of the Crimes Act 1961?
ROBBERY
- Theft
- Accompanied by violence/threats of violence
- To any person or property
- Used to extort property stolen
What is section 231 of the Crimes Act 1961?
BURGLARY
- Enters
- Any building/ship/part of building/part of ship
- Without authority
- With intent to commit an imprisonable offence in the building or ship
What is section 219 and 223 of the Crimes Act 1961?
THEFT BY TAKING
- Dishonestly
- Without claim of right
- Takes
- 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.
THEFT BY USING OR DEALING
- 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.
What is section 11 of the Summary Offences act 1981?
WILFUL DAMAGE
- Intentionally
- Damages
- Property
OR
- Intentionally
- Sets fire to
- Any tree or vegetation
Describe Wilful damage in regards to Graffiti and vandalism:
11A. Graffiti, vandalism, tagging, defacing etc. he or she damages or defaces any building, structure, road, tree, property, or other thing by writing, drawing, painting, spraying or etching on it, or otherwise marking it.
11B. Possession of graffiti implements
What is section 3 of the Summary Offences act 1981?
DISORDERLY BEHAVIOUR LIKELY TO CAUSE VIOLENCE.
- In a public place or within view of a public place.
- Behaves in OR incites, or encourages any person to behave in
- A riotous manner OR offensive manner OR a threatening manner OR an insulting manner OR disorderly manner
- That is likely, in the circumstances, to cause violence against persons or property to start or continue.
What is section 7 of the Summary Offences act 1981?
- Fights
* In a public place
What is section 23a of the Summary Offences act 1981?
RESISTING POLICE
- Resists OR incites/encourages any other person to resist
- Any constable or authorised officer or prison officer or traffic officer acting on the execution of their duty
OR
OBSTRUCTION
- Intentionally obstructs or incites/encourages any other person to obstruct
- Any constable or authorised officer or prison officer or traffic officer acting on the execution of their duty.
What is section 226(1) of the Crimes Act 1961?
UNLAWFUL TAKES MOTOR VEHICLE
- Dishonestly
- Without claim of right
- But not so as to be guilty of theft
- Takes
- For any persons purpose
- Any vehicle OR any ship OR any aircraft OR any part of any ship or aircraft OR horse.
UNLAWFUL USES MOTOR VEHICLE
Dishonestly
- Without claim of right
- But not so as to be guilty of theft
- Uses
- For any persons purpose
- Any vehicle OR any ship OR any aircraft OR any part of any ship or aircraft OR horse.
What is section 226(2) of the Crimes Act 1961?
UNLAWFUL INTERFERES WITH VEHICLE
What are the elements?
UNLAWFUL INTERFERES WITH VEHICLE
- Dishonestly
- Without claim of right
- interferes with
- any vehicle or any ship or any aircraft
What is Section 196 of the Crimes Act 1961?
Assaults
Any other person
What is section 226(2) of the Crimes Act 1961?
DISHONESTLY GETTING INTO OR UPON.
What are the elements?
- Dishonestly
- Without claim of right
- Gets into OR gets upon
- any vehicle or any ship or any aircraft
What is section 226(2) of the Crimes Act 1961?
POSSESSION OF INSTRUMENTS.
What are the elements?
- Without lawful authority or excuse
- Has in his possession
- Any instrument capable of being used for taking or converting
- Any vehicle or any ship or any aircraft
- with intent to use for such a purpose
What is attempted dishonest taking?
Section 226(2) of the Crimes Act 1961
Trying to start a vehicle or get into a vehicle with the intention of taking it but being stopped before having the opportunity to complete the offence.
What is Section 235 of the Crimes Act 1962?
AGGRAVATED ROBBERY
A person robs any person at the time, before or after the robbery caused GBH to any person.
AND/OR
2 or more persons who rob a person
AND/OR
A person armed with an offensive weapon or instrument (which includes a firearm), robs any other person.
What is Section 202A(4)(a) of Crimes Act 1961
Possession of Offensive Weapons or disabling substance in Public place
Elements
Without lawful authority or reasonable excuse
Has with him or her
In Any public place
Any knife or offensive weapon or disabling substance
What is Section 202A(4)(b) of Crimes Act 1961?
Possession of Offensive Weapons or disabling substance
Elements
Has with him or her
In Any place
Any offensive weapon or disabling substance
In circumstance that Prima facie show an intention to use it to commit an offence involving bodily injury or the threat or fear of violence
What is Section 13A of the Summary Offences Act 1981?
Possession of a knife
Elements
In a public place
Without reasonable excise
Has any knife
In his or her possession
Define an offensive weapon in a public place SECTION 202A(4)(a)
Any article made, altered or intended for causing bodily harm
Define an offensive weapon in any place SECTION 202A(4)(b)
Any article capable of being used for causing bodily injury
