Offences Flashcards
OF01 - Assault / Common Assault
Actus reus - punched him in the back = direct app of force
Mens rea - wanted to get even with some one ( guilty mind)
What are the elements of assault?
Elements-
Assaults
Another person
What are the different ways of applying or threating force?
- Direct Assault - Target actually hit
- Indirect Assault - Force not directly applied
- Transferred Malice - 3rd Party Struck
- Conditional Assault - Act / Gesture + condition
- Implied Consent - Hongi, shaking hands, hug
What three factors must be considered in deciding on types of assault charges?
Intent - Weapons used / Degree of force - Injury received
OF06 - Wilful Damage
What are the elements of
wilful damage s11(1)(a) and s11(1)(b) ?
Elements=
Wilful damage s11(1)(a)
Intentionally - Damages - Property
Wilful damage s11(1)(b)
Intentionally - Set fire to - Any tree or vegetation
Define the following terms.
Intentionally - A deliberate act, without lawful justification, excuse or claim of right
Recklessly - A reckless act without lawful justification, excuse or claim of right.
Property - Something that belongs to another person and is capable of being damaged.
Damages - Temporary or permanent reduction in the value and/ or usefulness of the property.
What is the timeframe for prosecution to be commenced?
within six months
OF03 - Theft
What are the elements of
- Theft by taking
- Theft by using and dealing
Elements = Theft by taking
Dishonesty - Without claim of right - TAKES - 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.
OF03 - Theft
What are the elements of
-Theft by using and dealing
Elements = Theft by using and dealing
Dishonesty - Without claim of right - USES OR DEALS with - 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.
After obtaining possession or control of that property in whatever manner.
What do the following terms mean ?
- Dishonesty - Without belief , consent or authority from the owner
- Claim of right- No belief or right to own or possess the property
- Takes - Physically moves the property
- Uses - Exceeds the authority or conditions using and dealing in any manner
- Deals - Exceeds the authority or conditions dealing in any manner
- Ownership - Person at the time of the offence has possession and control of the property and any interest in the property.
- Property - Includes tangible and intangible items. Items must have value.
Why is knowing the value of an item important?
Penalty - Crimes Act 1961 Section 223
(b) over $1000 = 7 years imprisonment
(c) over $500 = 1 year imprisonment
(d) under $500 = 3 months imprisonment
Value: Is the property current value and not replacement value
When theft is complete?
Theft is complete when offender moves the property or causes it to be moved (with intent to steal it)
Types of Theft
Physical taking Theft by finding Theft by taking advantage of a mistake Theft of animals Theft by a person in a special relationship
OF3 - Burglary (Enters) - Burglary (Having Entered) - Agg Burg
What are the elements of Burglary ?
- Enters
- Any ship OR
- Any building OR
- Any part of a ship OR
- Any part of building
- Without authority
- With intent to commit a imprisonable offence in building OR ship
Understand Aggravated Burglary
While committing burglary: Has a weapon with him OR uses anything as weapon
Having committed burglary: Has a weapon with him or her OR uses anything as a weapon while still in the building or ship
Elements of Burglary (Having entered)
- Having entered
- Any building OR
- Any ship
- Remains without authority
- With intent to commit an imprisonable offence in the building OR ship
Define the following terms;
Enter - 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 or ship
Having entered - Is physically inside the building or ship
Building - house, warehouse, tents, caravans, closed caves, closed tunnel, shops etc, whether permanent or temporary.
Ship - Includes Ocean liners through to row boats
Part of building or ship - Any part of building or ship
Without authority - An absence of authority , legally able to give consent.
Remains in it without authority - remains when consent to be in the building no longer applies
Intent to commit an imprisonable offence within building or ship - Must be an imprisonable offence
Artifice - being cunning, skilled and artful
OF03 - Robbery
What are the elements of Robbery ?
- Theft
- Accompanied by violence OR
- Threats of violence
- To any person or property
- Used to extort the property stolen
- To prevent or overcome resistance to the property being stolen
Aggravated Robbery.
Aggravated Robbery is;
- A person rob any person and at the time before or after the robbery, cause grievous bodily harm to any person
- Being together with any other person or persons, robs any person or
- a person armed with an offensive weapon or instrument.
Assault with intent to rob.
- Found in section 236 Crimes Act
- Where any person assaults a person with the intention to rob them.
Demanding with intent to steal.
- Section 239 (2) Crimes Act 1961
- Everyone is liable to imprisonment for a term not exceeding 7 years who, with menaces or by any threat, demands, any property from any persons with intent to steal it.
Define the following terms;
Theft - Theft is complete when..
Accompanied by violence - Violence before or at the time of the theft
Threats of violence - before or at the time of the theft, demonstrated by conduct of words
To any person or property - Person who has been threatened with violence, person who has violence used against them, property threatened with violence, property that had violence used against.
Used to extort the property stolen - Violence or threats sufficient to cause hand over against their will.
To prevent or overcome resistance to the property being stolen - Taken after any resistance prevented or overcome
OF03 - Receiving
Elements of Receiving what they each mean?
- Receives
- Any 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
Identify the essential element of guilty knowledge and how it can be proved.
Proved by ;
- Direct evidence; for example evidence given by the actual thief
- Circumstantial Evidence for example
- the receiver purchase the property for under market value. Example- Market Place on FB
OF04 - Unlawfully takes / uses vehicle
Element - Unlawfully takes
- Dishonestly
- without claim of right
- But not as to be guilty of theft
- Takes
- For his or her own purposes OR
- Another person’s purposes
- Any vehicle OR
- Any ship OR
- Any aircraft OR
- Any part of a vehicle, ship or aircraft OR
- Any horse
Elements of Unlawfully uses
- Dishonestly
- without claim of right
- But not so as to be guilty of theft
- Uses
- For his or her own OR
- Another person’s purposes
- Any vehicle OR
- Any ship OR
- Any aircraft OR
- Any part of any vehicle, ship, aircraft OR
- Any horse
Define dishonestly and claim of right?
Dishonestly - Without belief, consent or authority form the owner
Claim of right - No belief, right to own or possess the property
Difference between ‘taking’ and the term ‘using’
Taking vs
Physically moves the property
Using
Gains possession or control, in which exceeds authority or condition given by the owner of using it in any manner.
OF04 - Related unlawful taking offences
Elements of Unlawful interference with a vehicle
- Dishonestly
- without claim of right
- interferes with
- Any vehicle OR
- Any ship OR
- Any aircraft
Elements of Unlawfully getting into OR upon
- Dishonestly
- without claim of right
- Gets into OR
- Gets upon
- Any vehicle OR
- Any ship OR
- Any aircraft
OF07 - Public Place
What is the definition of a public place?
A public place is any place at a given time is open to, or being used by the public, whether free or on payment of charge, and whether any owner or occupier of the place is lawfully entitled to exclude or eject that person from that place.
Fighting in a public place - Elements
- Fights
- In a public place
$1000 fine
Offensive disorderly behaviour - Elements
- In a public place OR
- within view of a public place
- Behaves in an offensive manner OR
- Behaves in a disorderly manner
Offensive disorderly behaviour - Elements
- In a public place OR
- within view of a public place
- Behaves in an offensive manner OR
- Behaves in a disorderly manner
