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Police Notes 2017 > Offences > Flashcards

Offences Flashcards

1
Q

What is Wilful Damage?

A

• INTENTIONALLY - (deliberate or reckless).

  • DAMAGES - Temporary or permanent reduction in the value and/or the usefulness of the property.
  • PROPERTY - Something that belongs to another person and is capable of being damaged.

• OR SETS FIRE TO, ANY TREE OR VEGETATION.

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2
Q

What is Theft?

A
  • 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.
  • TAKES - Physically moves.
  • ANY PROPERTY - Anything whatsoever, whether tangible or intangible, that is the property of any person and has value.
  • WITH INTENT TO DEPRIVE ANY OWNER PERMANENTLY OF THAT PROPERTY

OR

• WITH INTENT TO DEPRIVE ANY OWNER PERMANENTLY OF ANY INTEREST IN THAT PROPERTY.

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3
Q

What is Theft (Uses or deals with)?

A
  • USES OR DEALS WITH - Exceeds the authority or conditions given by using or dealing with the property in any manner.
  • AFTER OBTAINING POSSESSION OR CONTROL OF THAT PROPERTY IN WHATEVER MANNER
  • 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, whether tangible or intangible, that is the property of any person and has value.
  • WITH INTENT TO DEPRIVE ANY OWNER PERMANENTLY OF THAT PROPERTY

OR

• WITH INTENT TO DEPRIVE ANY OWNER PERMANENTLY OF ANY INTEREST IN THAT PROPERTY.

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4
Q

Components of Assault

A

The act of intentionally applying…

…or attempting to apply force
…to another person
… directly or indirectly
…or…
threatening by any act or gesture to apply such force to another…
…if the person making the threat has, or causes the other to believe on reasonable grounds he has…
…the present ability to effect their purpose

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5
Q

What factors must be considered when deciding what charge is appropriate for assault?

A
  • The Intent
  • Weapons or degree of force used
  • Injury received
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6
Q

Define Assault

A
  • ASSAULTS - Acts of intentionally applying or attempting to apply force to the person of another, directly or indirectly.
  • ANOTHER PERSON
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7
Q

Define Assault with a Weapon

A

• USING ANYTHING AS A WEAPON
or
HAVING ANYTHING WITH HIM OR HER IN CIRCUMSTANCES THAT PRIMA FACIE SHOW AN INTENTION TO USE IT AS A WEAPON

  • ASSAULTS - Acts of intentionally applying or attempting to apply force to the person of another, directly or indirectly.
  • ANOTHER PERSON
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8
Q

Define Burglary

A
  • ENTERS - Entry is complete as soon as any part of a person / instrument is within the building/ship. Also includes entry via artifice or threat.
  • ANY BUILDING or ANY SHIP or ANY PART OF A VEHICLE OR SHIP
  • WITHOUT AUTHORITY - An absence of authority from a person the defendant believes is legally able to give consent.
  • WITH INTENT TO COMMIT AN IMPRISONABLE OFFENCE IN THE BUILDING / SHIP
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9
Q

Define Burglary (Having Entered)

A
  • HAVING ENTERED
  • ANY BUILDING or SHIP
  • REMAINS WITHOUT AUTHORITY
  • WITH INTENT TO COMMIT AN IMPRISONABLE OFFENCE IN THE BUILDING or SHIP
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10
Q

Define Robbery

A
  • THEFT
  • ACCOMPANIED BY VIOLENCE or THREAT OF VIOLENCE
  • TO ANY PERSON or ANY PROPERTY
  • USED TO EXTORT THE PROPERTY STOLEN or PREVENT OR OVERCOME RESISTANCE TO THE PROPERTY BEING STOLEN
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11
Q

Define Unlawful Takes Vehicle (Conversion of Vehicle)

A
  • DISHONESTLY
  • WITHOUT CLAIM OF RIGHT
  • BUT NOT SO AS TO BE GUILTY OF THEFT
  • TAKES
  • FOR ANY PERSONS PURPOSES
  • ANY VEHICLE, SHIP, AIRCRAFT or ANY PART OF or HORSE
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12
Q

Define Unlawful Uses Vehicle (Conversion of Vehicle)

A
  • DISHONESTLY
  • WITHOUT CLAIM OF RIGHT
  • BUT NOT SO AS TO BE GUILTY OF THEFT
  • USES
  • FOR ANY PERSONS PURPOSES
  • ANY VEHICLE, SHIP, AIRCRAFT or ANY PART OF or HORSE
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13
Q

Define Receiving

A
  • RECEIVES - Either exclusively or jointly with the thief or any other person has possession or control over anything unlawfully obtained or helps in its concealment or disposal.
  • ANY PROPERTY 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

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14
Q

What are the four legal elements of possession and control?

A
  • Awareness that the item is where it is
  • Awareness that the item has been stolen
  • Actual or potential control of the item
  • An intention to exercise that control over the item
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15
Q

What is a Public place?

A

A place that at any material 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…
…includes any vessel…
…that is carrying or available to carry passengers for reward…
…and includes the interior of any vehicle which is in a public place.

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16
Q

Define Fighting in a public place

A
  • FIGHTS - Punching, mauling, wrestling and striking between two or more willing participants
  • IN A PUBLIC PLACE
17
Q

Define Disorderly behavior likely to cause violence

A

• IN A PUBLIC PLACE
or
• WITHIN VIEW OF A PUBLIC PLACE

• BEHAVES IN
or
• INCITES OR ENCOURAGES ANY PERSON TO BEHAVE IN

  • A RIOTOUS, OFFENSIVE, THREATENING, INSULTING or DISORDERLY MANNER
  • THAT IS LIKELY, IN THE CIRCUMSTANCES, TO CAUSE VIOLENCE AGAINST PERSONS OR PROPERTY TO START OR CONTINUE
18
Q

What are the five types of offensive behavior?

A
  • Riotous
  • Offensive
  • Threatening
  • Insulting
  • Disorderly
19
Q

Define the elements of “Offensive OR Disorderly Behaviour”

A

Section 4(1)(a) deals with behaviour that is of a minor nature but still warrants the intervention of criminal law.

IN A PUBLIC PLACE
or
• WITHIN VIEW OF A PUBLIC PLACE

• BEHAVES IN AN OFFENSIVE MANNER
or
• BEHAVES INA DISORDERLY MANNER

20
Q

What are the elements of Resisting Police?

A

• RESISTS - Requires some degree of force by the offender
or
• INCITES OR ENCOURAGES ANY OTHER PERSON TO RESIST

• ANY CONSTABLE ORR AUTHORISED OFFICER OR PRISON OFFICER OR TRAFFIC OFFICER ACTING IN THE EXECUTION OF THEIR DUTY

21
Q

What are the elements of Obstruction (Resisting Police)?

A

• INTENTIONALLY OBSTRUCTS
or
• INCITES OR ENCOURAGES ANY OTHER PERSON TO OBSTRUCT

• ANY CONSTABLE OR AUTHORISED OFFICER OR PRISON OFFICER OR TRAFFIC OFFICER ACTING IN THE EXECUTION OF THEIR DUTY

22
Q

What are some examples of obstruction?

A
  • Physical obstruction
  • Delaying Police
  • Warning persons of Police approach
  • Refusing to obey lawful instructions
  • Telling untruths
23
Q

What are the elements of Peeping or Peering into a dwelling house?

A
  • FOUND
  • BY NIGHT - 1 hour after sunset and 1 hour before sunrise
  • WITHOUT REASONABLE EXCUSE
  • PEEPING OR PEERING
  • INTO A DWELLING HOUSE
24
Q

What are the elements of “Being Found on Property Without Reasonable Excuse (Building / Transport)”

A
  • FOUND
  • WITHOUT REASONABLE EXCUSE
  • IN or ON
  • ANY BUILDING, AIRCRAFT, HOVERCRAFT, SHIP, TRAIN, ANY VEHICLE
25
Q

What are the elements of “Being Found on Property Without Reasonable Excuse (Enclosed yard or area)?

A

• FOUND
• WITHOUT REASONABLE EXCUSE
• IN
ANY ENCLOSED YARD OR OTHER SUCH AREA

26
Q

What are the elements of Trespass after warning to leave?

A
  • TRESPASSES
  • ON ANY PLACE
  • AFTER BEING WARNED TO LEAVE THAT PLACE BY AN OCCUPIER OF THAT PLACE
  • NEGLECTS OR REFUSES TO DO SO
27
Q

What are the elements of Trespass after previous warnings?

A
  • BEING A PERSON WHO HAS BEEN WARNED UNDER SECTION 4 TO STAY OFF ANY PLACE
  • WULFULLY TRESPASSES ON THAT PLACE
  • WITHIN TWO YEARS
28
Q

What are the elements of Possession of Offensive Weapons or Disabling Substances (Public Place)?

A
  • WITHOUT LAWFUL AUTHORITY OR REASONABLE EXCUSE
  • HAS WITH HIM OR HER
  • IN ANY PUBLIC PLACE
  • ANY KNIFE, OFFENSIVE WEAPON OR DISABLING SUBSTACE
29
Q

What are the elements of Possession of Offensive Weapons or Disabling Substances?

A
  • HAS IN HIS OR HER POSSESSION
  • IN ANY PLACE
  • ANY OFFENSIVE WEAPON or DISABLING SUBSTANCE
  • IN CIRCUMSTANCES THAT PRIMA FACIE SHOW AN INTENTION TO USE IT TO COMMIT AN OFFENCE INVOLVING BODILY INJURY OR THE THREAT OR FEAR OF VIOLENCE

Police Notes 2017 (5 decks)

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