Offences Flashcards
What are the elements of assault?
Assaults
Another person
Has to involve another person. You can not assault yourself
What is direct assault?
Where there is a deliberate act to strike or hit another person
What is indirect assault?
Where the force is not directly applied to another person
What is conditional assault?
When someone threatens another person. For example, if you don’t leave my property I’ll stab you
What is transfer of malice?
When you go to hit someone but you may miss and accidentally hit an unintended target
What three factors must be considered when deciding on an assault charge?
Intent to injure
Weapon or degree of force
Injury sustained
IF ONE OF THESE FACTORS CANT BE PROVEN THEN ITS NOT ASSAULT
Describe assault
Acts of intentionally applying or attempting to apply force either directly or indirectly
OR
Threatening to apply force
MUST BE TO ANOTHER PERSON.
What are the elements of wilful damage section 11(1)a
Intentionally
Damages
Property
OR
Intentionally
Sets fire to
Any tree or vegetation
What are the elements of wilful damage section 11(1)b
Intentionally
Sets fire to
Any tree or vegetation
How can you describe damages for wilful damage
Making the item of lesser value than it was prior to the act
What are the elements for section 3 of the trespass act?
Trespasses
On any place
After being warned to leave that place by an occupier of that place
Neglects or refuses to do so
What are the legal defences for section 3 of the trespass act
Their own protection
The protection of someone else
An emergency involving their property or the property of some other person
What is the timeframe for prosecution to be commenced in relation to wilful damage?
6 months max
What are the elements for section 4 of the trespass act?
Being a person who has been warned under section 4 to stay off any place
Wilfully trespass on that place
Within two years
What are the legal defences for section 4 of the trespass act?
Their own protection
The protection of someone else
An emergency involving their property or the property of some other person
The occupier who gave the warning no longer occupies the place concerned
What info can be demanded by an officer seeking to issue a trespass notice?
Name
Address
Where do your arrest powers come from in relation to section 3 and 4 of the trespass act
Section 315(2)a or b of the crimes act 1961
What constitutes a public place?
Any place where someone is lawfully able to be at that time. Eg, mall until close as it then becomes private
What are the elements for fighting in a public place?
Fights
In a public place
What are the elements for offensive behaviour?
In a public place
OR
within view of a public place
Behaves in an offensive manner
What are the elements for disorderly behaviour?
In a public place
OR
Within view of a public place
Behaves in a disorderly manner
What are the elements of resisting police?
Resists
OR
Incites or encourages any other person to resist
Any constable or authorised officer or prison officer or traffic officer acting in the execution of their duty
What are the elements of obstruction?
Intentionally obstructs
OR
Incites or encourages any other person to obstruct
Any constable or authorised officer or prison officer or traffic officer acting in the execution of their duty
Why is knowing the value of an item important in relation to a theft offence?
Because the value of the item dictates the severity of the sentence
What are the elements of theft by taking?
Dishonestly
Without claim of right
Takes
Any property
With the intent to deprive any owner permanently of that property
OR
With the intent to deprive any owner permanently of any interest in that property
What the elements of 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 the difference between theft by taking and theft by using?
Theft by taking is when you steal something whereas theft by using is more like when you loan something and don’t hand it back in the agreed upon timeframe
What are the elements of burglary?
Enters
Any building OR any ship OR any part of a building OR any part of a ship
Without authority
With intent to commit and imprisonable offence in the building OR in a ship
What are the elements for burglary (having entered)?
Having entered
Any building OR any ship
Remains without authority
With the intent to commit an imprisonable offence in the building OR ship
What is the difference between burg and agg burg?
Agg burg is a burg but has to be in possession of a weapon with intent to use it or actually use it. If the assault then happens off the building site, it’s then assault instead of agg burg
What does artifice mean in relation to burgs
Involves a cunning or conning approach to enter in to someone’s home. Eg, posing as a worker from a company
What are the elements of robbery?
Theft
Accompanied by violence OR 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 been stolen
What constitutes ag robbery
Having one or more of these factors
2 or more offenders
Cause GBH
Armed with weapons
What are the elements for receiving
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
What is the essential element of guilty knowledge in relation to receiving and how can it be proven?
Direct evidence. Eg, a statement straight from the thief stating that the person receiving knew it was stolen
What is the doctrine of recent possession?
If a person is found in possession of an item which has been stolen. The legal assumption is that the person has either stolen the item or received stolen goods
What are the elements of unlawful takes vehicle?
Dishonestly
Without claim of right
But no so as to be guilty of theft
Takes
For his or her purposes OR another persons purposes
Any vehicle OR ship OR any aircraft OR any part of any vehicle, ship or aircraft OR any horse
What are the elements for unlawful uses vehicle
Dishonestly
Without claim of right
But no so as to be guilty of theft
Uses
For his or her purposes OR another persons purposes
Any vehicle OR ship OR any aircraft OR any part of any vehicle, ship or aircraft OR any horse
What are the elements for unlawful interferes with vehicle
Dishonestly
Without claim of right
Interferes with
Any vehicle OR any ship OR any aircraft
What are the elements for unlawfully getting into OR upon
Dishonestly
Without claim of right
Gets into OR on
Any vehicle OR any ship OR any aircraft
If you deprive a person of “interest” in theft by uses, what does interest look like?
There must have been an element of joint ownership of the item
Is someone refuses to give their fingerprints, what is the penalty they can receive
Up to 6 months in prison or up to a $5000 fine
What are the elements of possession of offensive weapons or disabling substance (public place)
Without lawful authority or reasonable excuse
Has with him or her
In a public place
Any knife OR any offensive weapon OR any disabling substance
What are the elements of possession of offensive weapons or disabling substances (any place)
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 to commit an offence involving bodily injury or the threat or fear of violence
What is the definition of an offensive weapon (public place)
Any article made, altered or intended for causing bodily injury P(a)M
What is the definition of an offensive weapon (any place)
Any article capable of being used for causing bodily injury A(b)C
For a robbery offence to be complete, what element has to be complete
Theft. If the element of theft is not complete then it is just attempted robbery and possibly assault if threats of violence are used
What is the key element of “uses” in any offence that includes uses?
The person must actually have permission to use the item. Otherwise it’s takes
What is section 9 of the trespass act?
The power to demand details from the trespasser
What are the elements of indecent exposure
In OR within view of
A public place
Intentionally and obscenely
Exposes any part of his or her genitals
What are the elements of indecent act in public place
Wilfully does
Any indecent act
In any place to which the public have or are permitted to have access OR within view of any such place
What are the elements for indecent act with intent to insult of offend?
With intent to insult or offend any person
Does any indecent act
In any place
What are the elements of indecent assault
Indecently
Assaults
Another person
What is the definition of obscenely
Standards that seen by any reasonable observer we would be considered disgusting
What are the defences for indecent exposure or an indecent act
The defendant proves they had reasonable grounds for believing they wouldn’t be seen
Describe the offence of making an intimate visual recording
Taking any video / picture of another person where they are exposed. Could be showering, toielting, sexual etc
What is sexual violation
Penetration or oral sex without consent of the other party
What are the elements of possession OR use of a controlled drug
Procure OR possesses OR consumes OR smoke OR Otherwise use
Any controlled drug
What do you need to prove for a prima facie case of drug use
Possession
Knowledge the drugs illegal
Useable quantity
What are the elements of cultivation of prohibited plants
Cultivates
A prohibited plant
What are the elements of permits use of premises OR permits use of vehicle
Knowingly permits
Any premises OR any motor vehicle OR another mode of conveyance
To be used for the purpose of commission of an offence against the misuse of drugs act 1975
Identify some class C drugs
Cannabis seeds
Cannabis leaves
Party pills
Identify some class B drugs
Ecstasy
Hash oil
Amphetamines
Morphine
Identify some class A drugs
Meth
Cocaine
Shrooms
Heroin
