Offences Flashcards
Wilful Damage Elements
Intentionally (deliberate)
- Damages
- Property
Summary Offences 1981 s11(1)(a)
(Prosecution to be commenced within 6 months)
or
- Intentionally (deliberate or reckless)
- Sets fire to
- Any tree/Vegetation
Summary Offences 1981 s11(1)(b)
(No time limit to commence proceedings)
both = 3 months or $2000 fine
Trespass after warning to leave Elements & Section
Trespass Act 1980 Section 3 (1) & 11(2)(a)
3 months or $1000
-Trespass
-On any place
-After being warned to leave by the occupier of that place
-Neglect or refuse to do so
Defer to crimes act 315 2 a/b if needing to arrest.
Always invoke section 9 of trespass act (can arrest under section 9).
Section 3 = Trespass after warning to leave legal defences.
- Their own protection
- The protection of somebody else
- An emergency involving their property or that of another person. eg. calling fire brigade
section 3 = 3 defences
Trespass after previous warning Elements & Section
Trespass Act 1980 Section 4 (4) & 11 (2)(a)
3 monts or $1000
- A person who has been warned under section 4 to stay off the property (previously issued warning)
- Wilfully Trespasses on that place
- Within 2 years
Defer to crimes act 315 2 a/b if needing to arrest.
Always invoke section 9 of trespass act (can arrest under section 9).
Section 4 = Trespass after previous warning legal defences
- Their own protection
- The protection of somebody else
- An emergency involving their property or that of another person. eg. calling fire brigade
- Occupier who gave the warning no longer occupies the place.
section 4 = 4 defences
Section 9 - Demanding details of identity
1) If found trespassing on private land the occupier or police may require person to:
A) Give their name & Address
B) If in possession of a firearm to give their firearms licence number.
2) If they fail to comply or give false details, Police may:
- Caution the person
and
- Arrest if they persist in their failure/refusal to give details.
Always invoke section 9 when dealing with a trespasser in addition to
Theft by taking Elements & Section
Crimes Act 1961 s219(1)(a) - Dishonestly - Without Claim of Right - Takes (physically moves) - Any property (value reflects penalty) -With intent to permanently deprive OR --Intent to permanently deprive of any interest in that property eg: joint ownership
Theft by Using or Dealing Elements & Section
Crimes Act 1961 s219(1)(b)
- Dishonestly
- Without Claim of Right
- Uses or Deals with (exceeds the authority or conditions given to them by the owner)
- Any Property
-With intent to permanently deprive
OR
–Intent to permanently deprive of any interest in that property
- After obtaining possession or control of that property in whatever manner. (legally had possession/control of the property)
Punishment of Theft
The value of the property determines the penalty for stealing it.
Crimes Act 1961 s223
a) Offence against s220 (by person in special relationship) = imprisonment not exceeding 7 years
b) If value exceeds $1000 = 7 years
c) Exceeds $500 = 1 year
d) Under $500 = 3 months
Burglary Elements & Section
Crimes Act 1961 s231(1)(a) - 10 years
- Enters (any part of body or instrument is within building)
- Any Building
- Without Authority
- With intent to commit an imprisonable offence in the building.
Burglary (Having Entered)
Crimes Act 1961 s231(1)(b) - 10 years
- Having Entered (physically inside)
- Any Building
- Remains without authority (ie after hours in a store)
- With intent to commit an imprisonable offence in the building.
Aggravated Burglary
Crimes Act 1961 s232(1)(a) - While committing burglary - Has a weapon with him or her (ready access is sufficient) - Uses Anything as a weapon
s232(1)(b)
- Having committed burglary
- Has a weapon with him or her (ready access is sufficient)
- While still in the building
Tools do not automatically classify as a weapon, needs to be clear they are intended to be used as such
14 years - While committing burg has weapon or uses anything as a weapon or having committed has/uses weapon while still in building.
5 years - Armed with weapon with intent to commit burg.
Robbery Elements & Section
“Theft accompanied by violence or threats of violence’
Crimes Act 1961 s234(1)&(2) - 10 years
- Theft
- Accompanied by violence OR threat of violence
- To any person OR any property
- Used to extort (hand over) the property stolen OR To prevent or overcome resistance to the property being stolen. (taken after resistance has been prevented or overcome).
Aggravated Robbery
Crimes Act 1961 s235 - 14 years
- Person robs anyone and at time/before/after causes grievous bodily harm. or
- Being together with another person, robs any person.
- Armed with an offensive weapon or instrument, robs any person.
Assault with intent to rob
Assaults a person with intent to rob them - but no theft takes place.
s236(1)- 14 years if 1 or more Ag factors present
s236(2)- 7 years if assaults but no ag factors present
