Offences

Question 1

Elements of Assault

Answer 1

Assaults- Directly or indirectly applying force onto another person.

Another person- someone who is not the offender.

Question 2

Elements of Wilful Damage

Answer 2

Intentionally- acting with or intent or acting recklessly
Damages- permanently or temporarily reducing the value or ability to use
Property- anything belonging to someone else, wether tangible or intangible

Question 3

Elements of Theft

Answer 3

Dishonestly- knowingly (mens rea).
Without claim of right- having no perceived ownership.
Takes- moves property.
Any property- anything wether tangible or intangible belonging to another person.
With intent to permanently deprive any owner of that property.

Question 4

Special types of Theft?

Answer 4

-Theft by person in special relationship.
-Theft by spouse or partner.
-Theft by using or dealing.

Question 5

What are the different penalties for Theft?

Answer 5

-3 months (less than $500)
-1 year (between $500 & $1000)
-7 years (more than $1000)

Question 6

What do you need for arrest/detain?

Answer 6

Reasonable grounds to suspect

Question 7

Elements of burglary

Answer 7

Enters- any part of the body or any part of a tool used by that person being within the building

Any building- any building of any description

OR

Any ship- any vessel used in navigation

OR

Any part of a building

OR

Any part of a ship.

Without authority- an absence of authority given.

With intent to commit an imprisonable offence in the building.

OR

With intent to commit an imprisonable offence in a ship.

Question 8

What is artifice??

Answer 8

Involves being cunning, skilled or artful. Essentially scamming your way into a place of false authority.

Question 9

Elements of robbery?

Answer 9

Theft- the offence of theft must be complete.

Accompanied by violence- violence before or during the theft.

OR

Accompanied by threats of violence- threats of violence before or during the theft.

To any person- the person who has been threatened with violence or had violence used against them

OR

To any property- the property that has been threatened with violence or had violence used against it.

Used to extort the property stolen- the violence or threats used are sufficient to make the person hand over their property against their will.

OR

To prevent or overcome resistance to the property being stolen- when violence overcomes the resistance. This commonly applies where violence is used.

Question 10

What makes a robbery aggravated?

Answer 10

-If before, during or after the robbery GBH is inflicted.
-If there is more than one offender.
-If the person is armed with an offensive weapon.

Question 11

Elements for Receiving stolen property

Answer 11

Receives-

Any property stolen- anything whatsoever, wether tangible or intangible that belongs to another person and has value.

OR

Any property obtained by any other imprisonable offence- anything whatsoever, whether tangible or intangible that belongs to another person and has value and been obtained by an imprisonable offence other than theft.

Knowing that property to have been stolen or so obtained- knowing it was stolen.

OR

Being reckless as to whether the property had been stolen or so obtained- taking an unreasonable risk that the property may be stolen.

Question 12

Punishment for receiving.

Answer 12

Less than $500- 3 months
$500-$1000- 1 year
More than $1000- 7 years

Question 13

Elements of unlawfully takes vehicle.

Answer 13

Dishonestly- without consent or authority.

Without claim of right- no belief of ownership.

But not so as to be guilty of theft- unable to prove an intent to permanently deprive the owner.

Takes- physically moves the property.

For his or her own purposes- for any persons purposes.

OR

For another person’s purposes-

Any vehicle- any type of vehicle.

OR

Any ship- any vessel used in navigation.

OR

Any Aircraft- any machine that can fly.

OR

Any part of any vehicle, ship or aircraft- any part removed from.

OR

Any horse- any type of horse.

Question 14

Elements of Presenting a firearm

Answer 14

Except for some lawful and sufficient purpose- without legal right or reasonable excuse.

Presents- brandishes or displays in a
threatening way.

Firearm-

OR

Airgun-

OR

Pistol-

OR

Restricted weapon-

At any other person- must be another person.

Question 15

Elements of unlawful carrying of an imitation firearm.

Answer 15

Except for some lawful, proper and sufficient purpose- without legal right or reasonable excuse.

Carries- has the weapon on them.

An imitation firearm- anything that presents as a firearm.

Question 16

Possession of Offensive Weapon or disabling substances

Answer 16

Without lawful authority or reasonable excuse- without legal right or reasonable excuse.

Has with him or her- has in their possession or control.

In any public place-

Any knife- ANY CUTTING BLADE

OR

Any offensive weapon- any article made, altered or intended for use causing bodily injury.

OR

Disabling substance- any substance intended to disable a person.

Question 17

Elements of Possession of offensive weapons or disabling substances (Any place)

Answer 17

Has in his or her possession- has it on them or in their control.

In any place- ANY place, includes public and private places.

Any offensive weapon- any article capable of being used to cause bodily injury.

OR

Any disabling substance- any substance intended to disable someone.

In circumstances that Prima facie shows an intention to use it to commit an offence involving bodily injury or the treat or fear of violence- actions by the offender show that the person intends to use it to commit an offence involving a form of bodily injury or the threat. Or fear of violence.

Question 18

Elements of Possession of a knife (summary offences)

Answer 18

In a public place-
Without reasonable excuse-
Has any knife-
In his or her possession-

Question 19

.

Question 20

Elements of trespass after warning to leave.

Answer 20

Trespasses- without authority on another persons property.

On any place- At any physical address

After being warned to leave that place by an occupier of that place- must be told to leave by the lawful occupier

Neglects or refuses to do so- After the warning refuses to leave, must be given a reasonable amount of time.

Question 21

Elements of trespass after warning to leave.

Answer 21

Trespasses- without authority on another persons property.

On any place- At any physical address

After being warned to leave that place by an occupier of that place- must be told to leave by the lawful occupier

Neglects or reduces to do so- After the warning refuses to leave, must be given a reasonable amount of time.