Offences Flashcards
What are the elements of Wilful damage Section 11 of the Summary Offences Act 1981
(a): Intentionally
Damages
Property
(b): Intentionally
Sets fire to
Any tree or vegetation
What are the elements of Graffiti, vandalism, tagging etc.
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
What are the elements of Assault
Assaults
Another person
What are the elements of Fighting in a public place
Fights
In a public place
What are the elements of disorderly behaviour likely to cause violence
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
What are the elements of offensive or disorderly behaviour
In a public place or within view of a public place
Acts in an offensive or disorderly manner
What are the elements of disorderly assembly
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
What are the elements of resisting police and obstruction
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
What are the elements of trespass after warning to leave
Trespasses
On any place
After being warned to leave that place by an occupier of that place
Neglects or refuses to do so
What are the elements of trespass after previous warnings
Being a person who has been warned under Section 4 to stay off any place
Wilfully trespasses on that place
Within two years
What are the elements of being found on a property without reasonable excuse
Found
Without reasonable excuse
In or on
Any building, aircraft, hovercraft, ship, ferry or other vessel, train, or vehicle
What are the elements of Theft (taking)
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
What are the elements of Theft (uses or deals)
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
What are the elements of Burglary
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
What are the elements of Burglary (having entered)
Having entered
Any building or ship
Remains without authority
With the intent to commit an imprisonable offence in the building or ship
What are the elements of Aggravated Burglary
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
What are the elements of Robbery
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
What are the elements of aggravated robbery
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
What are the elements of receiving
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
What are the elements of conversion of vehicle (unlawful takes or uses vehicle)
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
What are the elements of Unlawful interferes with, gets into or upon vehicle
Dishonestly
Without claim of right
Interferes with, gets into or upon
Any vehicle, ship or aircraft
What are the elements of Child left unaccompanied Section 10B of the Summary Offences Act 1981
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
What are the elements of Unlawful Carrying Section 45 of the Arms Act 1983
Except for some lawful proper and sufficient purpose
Carries OR is in possession of
Any firearm, airgun, pistol, restricted weapon or explosive
What are the elements of Unlawful Carries an Imitation Firearm Section 46 of the Arms Act 1983
Except for some proper lawful and sufficient purpose
Carries
An imitation firearm
What are the elements of Discharging a Firearm Without Reasonable Cause Section 48 of the Arms Act 1983
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
What are the elements of presenting a firearm Section 52(1) of the Arms Act 1983
Except for some lawful and sufficient purpose
Presents
A firearm, airgun. pistol, or restricted weapon
At any other person
What are the elements of presents anything Section 52(2) of the Arms Act 1983
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
What are the elements of Possession of Offensive Weapons or Disabling Substances (Public Place) Section 202A(4)(a) of the Crimes Act 1961
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
What are the elements of Possession of Offensive Weapons or Disabling Substances Section 202A(4)(b) of the Crimes Act 1961
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
What are the elements of Possession of a Knife Section 13A of the Summary Offences Act 1981
In any public place
Without reasonable excuse
Has any knife
In his or her possession
What are the elements of Indecent Exposure Section 27 of the Summary Offences Act 1981
In any public place OR within view of any public place
Intentionally any obscenely
Exposes any part of his or her genitals
What are the elements of Indecent Act in a Public Place Section 125 of the Crimes Act 1961
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
What are the elements of Indecent Act With Intent to Insult or Offend Section 126 of the Crimes Act 1961
With the intent to insult or offend any person
Does any indecent act
In any place
What are the elements of Indecent Assault Section 135 of the Crimes Act 1961
Indecently assaults
Another person
