Offences 🧤🔍 Flashcards
Define ‘Common Assault’
OF01 - Assault
Intentionally applying force to another person
Includes direct, indirect or even threatening by act or gesture (usually words and gestures are combined).
Which two Acts and their relevant Sections deal with Common Assault?
OF01 - Assault
Section 196
Crimes Act 1961
Section 9
Summary Offences Act 1981
What is Direct Assault?
When a someone deliberately strikes the person they intended to hit.
Define Indirect Assault
OF01 - Assault
Where the force is not applied directly to the victim
(e.g. pulling a chair away as the try to sit down)
What is Conditional Assault?
OF01 - Assault
Where a victim is threatened with assault that is accompanied by a condition, that if complied with, will allow the victim to avoid the assault.
Explain Doctrine of Transferred Malice
OF01 - Assault
If the person has the intent (mens rea) and commits the act (actus reus) they are still liable even if the victim differs from the one intended.
(e.g. they try to punch someone, but they miss and punch someone else)
Name the Elements:
Assault
2 Elements
OF01 - Assault
- Assaults
- Another Person
Prove the element:
Assaults
Acts of intentionally applying or attempting to apply force to another person (directly or indirectly).
OR
threatening by act or gesture to apply such force to another person if RGTB they have the present ability to effect their purpose.
What is Section 10 of the
Summary Offences Act 1981?
Assault on a police, prison or traffic officer
(This only applies while on duty)
Which 3 factors determine the most appropriate assault charge?
- The Intent
- Weapons or degree of force used
- Injury received
Name the elements of:
Theft by Taking
5 + 1OR
OF03 - Theft
- 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
Crimes Act 1961 - Sections 219(1)(a) & 223(b) or 223(c) or 223(d)
Name the elements of:
Theft by Using or Dealing
OF03 - Theft
- Dishonestly
- Without Claim of Right
- Uses or deals with
- Any Property
- With intent to deprive the owner permanently of that property
OR
With intent to deprive the owner permanently of any interest in that property - After obtaining possession or control of that property in whatever manner
Crimes Act 1961 - Sections 219(1)(b) & 223(b) or 223(c) or 223(d)
Definition of:
Takes
OF03 - Theft
Theft is committed when the offender moves the property or causes it to be moved.
The slightest moving is enough.
Definition of:
Dishonestly
OF03 - Theft
Without consent from the owner.
‘Dishonesty’ (in relation to an act or omission) means done or omitted without a belief that there is express or implied consent to, or authority for, the act or omission from a person entitled to give such consent or authority.
Definition of:
Claim of Right
OF03 - Theft
A belief that the property belongs to you.
Claim of right, in relation to any act, means a belief at the time of the act in a proprietary or possessionary right in property in relation to which the offence is alleged to have been committed.
Definition of:
Uses or deals with
OF03 - Theft
Make decisions about any property (item etc) after you have gained possession (or control) of it as if you were the owner
Why is it important to know the value of the stolen property?
It determines the penalty imposed upon conviction.
Name the elements of:
Burglary
4 + 4ORs
OF03 - 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 an imprisonable offence in the building
OR with intent to commit an imprisonable offence in a ship
Crimes Act 1961 Section 231(i)(a)
What is the definition of:
Enters
OF03 - Burglary
As soon as a part of the person or tool they’re uses goes inside a doorway or passes through a window it is considered entry.
(Simply trying to pry open a window would constitute an “attempt”)
What is an Enclosed Yard?
OF03 - Burglary
A yard is enclosed if the bulk of the boundary in in some way enclosed by a fence or boundary.
For practical purposes, if property is taken from the front of an address that is not fenced in any way, then theft would be the appropriate charge.
What factor would make Burglary aggrevated?
OF03 - Burglary
Having or using a weapon whilst committing burglary.
The weapon does not have to be in their possession - Ready access to the weapon is sufficient.
Name the elements of:
Robbery
4 + 3ORs
OF03 - Robbery
- Theft
- Accompanied by violence
OR Accompanied 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 being stolen
What is Aggravated Robbery?
- Causes GBH before, during or after robbery.
- Two or more robbers.
- Armed with offensive weapon, instrument or firearm.
Section 235 - Crimes Act 1961
What is meant by:
Assault with Intent to Rob
Where any person assaults another person with the intention to rob them, but no theft takes place.
Penalty: 14 years if aggravating factors from S235 present and 7 years if not.
Section 236 - Crimes Act 1961
