Offences Flashcards
What are the related offences to wilful damage?
- Wilful damage (SOFA 1981 section 11 (1) (b): intentionally setting fire to any tree or vegetation
- Gratifying vandalism, tagging, defacing etc… (SOFA 1981 section 11A)
- Possession of Graffiti Implements (SOFA 1981 section 11B)
What are the three requirements for an attempt to commit an offence
- Intent (mens rea)
- Act (actus rea) taken steps towards committing
- Proximate (has to be close to place)
What is Section 66(2) Crimes Act 1961?
Common intention: 2 or more people form a common intention to commit an offence knowing a probably consequence
What is Section 66(1) Crimes Act 1961?
Everyone is party to and guilty of, an offence who:
- actually commits the offence
- does or omits an act to aid any person to commit the offence
- abets any person in commission of the offence
- incites, counsels or procures a person to commit the offence
What is fighting in the offence Fighting in a Public Place?
Punching, striking, wrestling etc between 2 willing participants
What is a public place?
A place at any material time
Open or being used by public
Whether free or on payment of a charge
Whether owner occupier of place is lawfully entitled to eject
Includes any aircraft etc or vehicle carrying passengers for reward
Includes interior of vehicle in public place
What is behaving in a offensive manner in the offence Offensive Behaviour?
Behaves in a manner arousing feelings of anger, resentment or disgust that causes a disturbance to public order
What is behaving in a disorderly manner in the offence Offensive Behaviour?
Behaves in a seriously disruptive manner that causes a disturbance to public order
Can you arrest someone for excreting in a public place?
Yes, but officer has to have seen the act and person refuses to give details
What’s the difference between resisting police and obstructing police?
Resisting= degree of force from suspect required
Obstructing= deliberately making it more difficult to carry out duties
What is trespass after warning to leave?
Trespasses, on any place, after being warned to leave that place by an occupier of that place and neglects or refuses to do so
What is trespass after previous warnings?
Being a person who has been warned under section 4 to stay off any place and wilfully trespasses on that place within 2 years
What’s the difference between possession of offensive weapons or disabling substances in public place and private place?
Public place the person just needs to have a weapon in their possession, any place the person needs to have the weapon in their possession AND show an intention to use it to harm (eg threaten without pointing)
What’s the definition of a firearm?
Anything from witch any shot bullet etc can be discharged by force of explosive (includes adapted objects, dismantled firearms, and at the time not capeable)
What is a pistol?
Firearm that is designed/ adapted to be held and fired with one hand and less that 762mm in length
What is a semi automatic?
Firearm which at pull of trigger fires a cartridge and ejects case, and chambers another cartridge
How often do firearms licenses need to be renewed?
5 year mark, then every 10 years after that
What happens if someone can’t produce a firearms licence on demand?
They have 7 days to bring it to the police station
How long do firearms license holders have to notify police when address changes?
30 days
What details must a firearms license holder give to police on demand?
Full name, address, date of birth. If fail to give details they will be warned, if persist then arrested
Difference between carry’s and possession of firearm?
Carry= Carry on or about them
Possess= knowledge of firearm and in physical control (doesn’t have to be on them)
What is the defence for indecent exposure and indecent act in a public place?
The defendant proves that they had reasonable grounds for believing that they would not be observed
How do you prove indecent assault rather than just assault?
Victim statement proves element indecent “victim not accepting of behaviour”
What is the definition of consent?
A persons conscious and voluntary agreement to something desired or proposed by another
What is sexual violation by rape?
Rape: penis penetrates vagina without consent and without believing consent on reasonable grounds
What is sexual violation by unlawful sexual connection?
penetration of genitalia or anus by any part of body or object
OR
connection of mouth/ tongue with genitalia/ anus without consent/ believing consent on reasonable grounds
What is section 128A crimes act 1961?
Outlines circumstances where in sexual activity a person does not provide legal consent.
What does indecently mean in the offence indecent assault?
Not conforming with the generally accepted standards of behaviour, especially in relation to sexual matters
What does intentionally mean in the offence indecent exposure?
The act of exposure is deliberate, voluntary and not by accident
What makes up the element dishonestly?
No belief there was authority or consent from the owner
What makes up the element Without Claim of Right?
No belief in right to own or possess property
(Proven by actions such as looking around, hiding etc)
What makes up the element of any building?
Permanent structure
What makes up the element of receives?
Having it in possession
What makes up the element of any property stolen?
Tangible item
What is section 38(3)(a) of the summary offences act 1981?
Minor drinking in a public place
(Unaccompanied)
What is section 38(3)(b) of the summary offences act 1981?
Minor in possession of alcohol for consumption in a public place (unaccompanied)
What is section 38(1) of the summary offences act 1981?
Drinking/ in possession of alcohol in or on public transport
What is SCAB?
Person must be affected by 2 or more of the following to be considered intoxicated:
S- Speech impaired
C- co-ordination is impaired
A- Appearance is affected
B- Behaviour is impaired
What’s the procedure if you find an intoxicated person in a public place or trespassing on private property?
- Take home unless
- address not known
- not safe
- not practical
- Take to temporary shelter
- Take to police station for up to 12 hours to be released when sobered up
