Offences Flashcards
Assault Elements
Assaults: intentionally or attempting to apply force directly or indirectly.
OR
Threatening by act or gesture, causing other person to believe IF they had the ability they would assault them.
Another person: it has to be another person
Conditional Assault
Where there is a threat of an assault accompanied by a condition
Eg you won’t be punched if you leave.
Transferred Malice
A defendant will be liable for an offence if they have the mens rea and actus reus and commits the offence even if it’s not for the intended person.
Factors to consider for assault charge
Intent eg scare, injure, kill the victim
Weapons or degree of force used eg slap, knife or weapon
Injuries received by victim
Wilful Damage
Elements?
Intentionally - Deliberate OR reckless
Damages - Temporary or permanent reduction in the value, usefulness of the property.
Property - something that belongs to another person and is capable of being damaged.
Theft - Where to find?
Crimes Act 1961
Theft Elements
Dishonestly - without a belief that there was consent or authority from the owner
Without claim of right - no belief in a right to own or possess the property
Any property - anything whatsoever that is tangible or intangible that is the property of any person and has value
Takes - physically moves the property
Intent to deprive any owner permanently
OR
Deal with the property in a manner so that it cannot be restored to its original condition
When is theft complete?
As soon as the item is moved with the intent to steal.
Theft Penalty
Less than $500 - 3 months
Greater then $500 - 1 year
Greater then $1000 - 7 years
Robbery Elements
Theft - the theft must be complete to the point where possession of the property is obtained by the suspect
Accompanied by violence - violence before or at the time of the theft
OR
Accompanied by threats of violence - threat of violence before or at the time of the theft, demonstrated by conduct or words.
To any person - the person who has been threatened/used by violence
OR
To any property - the property that has been threatened/used by violence
Used to extort the property stolen - violence or threats used by the suspect are sufficient to cause the person to hand over their property against their will.
OR
To prevent or overcome resistance to the property being stolen - the property is taken by the suspect after any resistance to it being taken has been overcome.
Being found on property
(Building/Transport)
Unlawfully Takes Vehicle
Unlawful interferes with vehicle
Unlawfully gets into or upon
Burglary
Trespass after warning to leave
Trespass after previous warning
Legal defence
