Offences Flashcards

1
Q

What are the elements of Wilful damage Section 11 of the Summary Offences Act 1981

A

(a): Intentionally
Damages
Property

(b): Intentionally
Sets fire to
Any tree or vegetation

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2
Q

What are the elements of Graffiti, vandalism, tagging etc.

A

Damages or defaces any building, structure, road, tree, property, or other thing by writing, drawing, painting, spraying, etching on it, or otherwise marking it

Without lawful authority, and

Without the consent of the occupier or owner or other person in lawful control

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3
Q

What are the elements of Assault

A

Assaults

Another person

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4
Q

What are the elements of Fighting in a public place

A

Fights

In a public place

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5
Q

What are the elements of disorderly behaviour 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

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6
Q

What are the elements of offensive or disorderly behaviour

A

In a public place or within view of a public place

Acts in an offensive or disorderly manner

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7
Q

What are the elements of disorderly assembly

A

An assembly of three or more persons

In any pubic place

Assemble or conduct themselves in such a manner to cause persons in the immediate vicinity to fear on reasonable grounds

That those assembled will

Use violence on persons or property
OR
Commit an offence against Section 3 of this Act

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8
Q

What are the elements of resisting police and obstruction

A

Resists or obstructs
OR
Incites or encourages any person to resist or obstruct

Any constable or authorised officer or prison officer or traffic officer acting in the execution of their duties

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9
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

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10
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

Wilfully trespasses on that place

Within two years

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11
Q

What are the elements of being found on a property without reasonable excuse

A

Found

Without reasonable excuse

In or on

Any building, aircraft, hovercraft, ship, ferry or other vessel, train, or vehicle

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12
Q

What are the elements of Theft (taking)

A

Dishonestly

Without claim of right

Take

Any property

With the intent to deprive any owner permanently of that property
OR
With the intent to deprive any owner permanently of any interest in that property

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13
Q

What are the elements of Theft (uses or deals)

A

Dishonestly

Without claim of right

Uses or deals with

Any property

With the intent to deprive any owner permanently of that property
OR
With the intent to deprive any owner permanently of any interest in that property

After obtaining possession or control of that property in any manner

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14
Q

What are the elements of Burglary

A

Enters

Any building or ship
OR
Any part of any building or ship

Without authority

And with the intent to commit an imprisonable offence in the building or ship

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15
Q

What are the elements of Burglary (having entered)

A

Having entered

Any building or ship

Remains without authority

With the intent to commit an imprisonable offence in the building or ship

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16
Q

What are the elements of Aggravated Burglary

A

While committing burglary

Has a weapon with him or her or uses anything as a weapon
OR
Having committed burglary

Has a weapon with him or her or uses anything as a weapon

While still in the building or ship
OR
Has a weapon with him or her with the intent to commit burglary

17
Q

What are the elements of Robbery

A

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

18
Q

What are the elements of aggravated robbery

A

A person robs any person and, at the time, before or after the robbery, causes grievous bodily harm
OR
Being together with any other person or persons, robs any person
OR
A person armed with an offensive weapon or instrument, robs any person

19
Q

What are the elements of receiving

A

Receives

Any property stolen OR any property obtained by any other imprisonable offence

Knowing that property to be stolen or so obtained OR being reckless as to whether that property had been stolen or so obtained

20
Q

What are the elements of conversion of vehicle (unlawful takes or uses vehicle)

A

Dishonestly

Without claim of right

But not so as to be guilty of theft

Takes or uses

For any person’s purpose

Any vehicle, ship or aircraft, or any part of any vehicle, ship or aircraft

21
Q

What are the elements of Unlawful interferes with, gets into or upon vehicle

A

Dishonestly

Without claim of right

Interferes with, gets into or upon

Any vehicle, ship or aircraft

22
Q

What are the elements of Child left unaccompanied Section 10B of the Summary Offences Act 1981

A

Being a parent or guardian or person having the care of a child under the age of 14

Leaves that child

Without making provision for the reasonable supervision and care of the child

For a time that is unreasonable or under conditions that are unreasonable having regard to all the circumstances

23
Q

What are the elements of Unlawful Carrying Section 45 of the Arms Act 1983

A

Except for some lawful proper and sufficient purpose

Carries OR is in possession of

Any firearm, airgun, pistol, restricted weapon or explosive

24
Q

What are the elements of Unlawful Carries an Imitation Firearm Section 46 of the Arms Act 1983

A

Except for some proper lawful and sufficient purpose

Carries

An imitation firearm

25
Q

What are the elements of Discharging a Firearm Without Reasonable Cause Section 48 of the Arms Act 1983

A

Without reasonable cause

Discharges

A firearm, airgun, pistol or restricted weapon

In or near a dwellinghouse OR in or near a public place

So as to endanger property OR so as to endanger any person OR so as to annoy any person OR so as to frighten any person

26
Q

What are the elements of presenting a firearm Section 52(1) of the Arms Act 1983

A

Except for some lawful and sufficient purpose

Presents

A firearm, airgun. pistol, or restricted weapon

At any other person

27
Q

What are the elements of presents anything Section 52(2) of the Arms Act 1983

A

Except for some lawful and sufficient purpose

Presents

At any other person

Anything

In the circumstances, it is likely to lead that person it is a

Firearm, airgun, pistol, or restricted weapon

28
Q

What are the elements of Possession of Offensive Weapons or Disabling Substances (Public Place) Section 202A(4)(a) of the Crimes Act 1961

A

Without lawful authority or reasonable excuse

Has with him or her

In any public place

Any knife or any offensive weapon or any disabling substance

29
Q

What are the elements of Possession of Offensive Weapons or Disabling Substances Section 202A(4)(b) of the Crimes Act 1961

A

Has in his or her possession

In any place

Any offensive weapon OR any disabling substance

That prima facie show an intention to use it to commit an offence involving bodily injury or the threat or fear of violence

30
Q

What are the elements of Possession of a Knife Section 13A of the Summary Offences Act 1981

A

In any public place

Without reasonable excuse

Has any knife

In his or her possession

31
Q

What are the elements of Indecent Exposure Section 27 of the Summary Offences Act 1981

A

In any public place OR within view of any public place

Intentionally any obscenely

Exposes any part of his or her genitals

32
Q

What are the elements of Indecent Act in a Public Place Section 125 of the Crimes Act 1961

A

Wilfully does any indecent act

In any place

To which the public have or are permitted to have access OR within view of any such place

33
Q

What are the elements of Indecent Act With Intent to Insult or Offend Section 126 of the Crimes Act 1961

A

With the intent to insult or offend any person

Does any indecent act

In any place

34
Q

What are the elements of Indecent Assault Section 135 of the Crimes Act 1961

A

Indecently assaults

Another person