Offences Flashcards
Aggravated Robbery
Crimes Act 1961
section 235
A person robs any person and, at the time, before or after the robbery, causes grievous bodily harm to any person
OR
Being together with any other person or persons, robs any person
OR
A person armed with an offensive weapon or instrument (which includes a firearm), robs any other person.
Obstruction (Resisting Police)
Summary Offences Act 1981
Section 23(a)
Intentionally obstructs
Deliberately making it more difficult for a person to carry out their duties.
OR
Incites or encourages any other person to obstruct
Urge or persuade any other person to make it more difficult for the person to carry out their duties.
Any constable or authorised officer or prison officer or traffic officer acting in the execution of their duty
The person must have been lawfully exercising their powers.
Unlawful Uses Vehicle
Crimes Act 1961
Crimes Act 1961, Section 226(1)(a) OR 226(1)(b) OR 226(1)(c)
Dishonestly
Without a belief that there was consent or authority from the owner.
Without claim of right
No belief in a right toown or possess the property.
But not so as to be guilty of theft
Unable to prove an intention to permanently deprive the owner.
Uses
Gains possession or control of the property, but then exceeds authority or conditions given by the owner by using it in any manner.
For any person’s purpose
For their own purposes
- *OR**
- *another person’s purposes.**
Any vehicle
Any type of vehicle.
OR
Any ship
Any vessel used in navigation, however propelled.
OR
Any Aircraft
Any machine that can derive support in the atmosphere from the reaction of the air.
OR
Any part of any vehicle, ship or aircraft
Any part removed from (use relevant definition above)
OR
Any horse
Any type of horse.
Trespass after warning to leave
Trespass Act 1980
Section 3(1) & 11(2)(a)
Trespasses
Is on another person’s property without authority or permission.
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 of that address
Neglects or refuses to do so
After the warning, neglects or refuses to leave. The person must be given a reasonable time to leave.
Receiving
Crimes Act 1961
Section 246(1) & 247(a) or 247(b) or 247(c)
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 stolen
Anything whatsoever, whether tangible or intangible, that is the property of any person, has value and has been stolen.
OR
Any property obtained by any other imprisonable offence
Anything whatsoever, whether tangible or intangible, that is the property of any person, has value and has been obtained by an imprisonable offence other than theft.
Knowing that property to have been stolen or so obtained.
Believing at the time of receiving that the property had been stolen or obtained by any other imprisonable offence.
OR
Being reckless as to whether the property had been stolen or so obtained
Receives the property, despite the person consciously taking an unreasonable risk that the property might be stolen or obtained by any other imprisonable offence.
Powers to Use Force
Section 40
Gives authority for police to use force to stop a person escaping.
Dishonestly getting into OR upon
Crimes Act 1961
Section 226 (2)
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.
Gets into OR
Gets upon
Physically gets into OR
Physically gets upon
Any vehicle
A contrivance equipped with wheels, tracks or revolving runners on which it moves or is moved
OR
Any ship
Any vessel used in navigation, however propelled
OR
Any aircraft
Any machine that can derive support in the atmosphere from the reaction of the air
Being Found on Property Without Reasonable Excuse (Building / Transport)
Summary Offences Act 1981
Section 29(1)a) or 29(1)c)
Found
To be seen, discovered or come upon
Without reasonable excuse
Without reasonable excuse
In
Physically inside of
OR
On
Physically on
Any building
A structure with a roof and walls such as a house or factory
OR
Any Aircraft
Any aeroplane, helicopter or other machine capable of flight
OR
Any Hovercraft
A vehicle or craft that travels over land or water on a cushion of air provided by a downward blast
OR
Any ship, ferry or other vessel
Any boat or ship for transporting people or goods by sea
OR
Any train
A series of connected railway carriages or wagons moved by a locomotive or by integral motors
OR
Any Vehicle
A thing used for transporting people or goods, especially on land such as a car, lorry or cart.
Wilful Damage
Summary Offences Act 1981
Section 11(1)(a)
Intentionally - A deliberate act, without lawful justification, excuse or claim of right.
OR
A reckless act (where the possible consequences are forseen but continues the act regardless of the risk, without lawful justification, excuse or claim of right.
Damages - Temporary or permanent reduction in the value and/or usefulness of the property.
Property - Something that belongs to another person and is capable of being damaged.
Theft - Takes
Crimes Act 1961
Section 219(1)a) & 223(b) or 223(c) of 223(d)
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 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
An intent to deprive the owner permanently of the property
OR
deal with the property in a manner so that it cannot be restored to its original condition.
OR
With intent to deprive any owner permanently of any interest in that property
An intent to deprive the owner permanently of that part of the property in which they have an interest.
Power to Use Force
Section 48
Allows anyone to use as much force as is necessary in defence of himself or herself or another person.
The force used in all of the above circumstances must be reasonable. If the force was excessive in the circumstances, the person could be charged with assault.
Robbery
Crimes Act 1961
Section 234(I) & (2)
Theft
Theft is complete when… (identify as appropriate).
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 with violence OR
- *the person** who had violence used against them.
OR
To any property
- *The property** that has been threatened with violence OR
- *the property** that had violence used against it.
Used to extort the property stolen
The violence or threats used by the offender are sufficient to cause the person to hand over the property against their will.
OR
To prevent or overcome resistance to the property being stolen
The property is taken by the offender after any resistance to its taking has been prevented or overcome.
Assault
Crimes Act 1961 Section 196 or
Summary Offences Act 1981 Section 9
Assaults
Acts of intentionally applying or attempting to apply force to the person of another, directly or indirectly,
OR
threatening by any act or gesture to apply such force to the person of another, if the person making the threat has, or causes the other to believe on reasonable grounds that they have, the present ability to effect their purpose.
Another person
It has to be another person other than the offender.
Burglary
Crimes Act 1961
Section 231 (1)a)
Enters
Entry is complete as soon as any part of the body of the person or any part of any instrument used by that person, is within the building or ship.
Any building
Any building or structure of any description, whether permanent or temporary; and includes a tent, caravan, or houseboat; and also includes any enclosed yard or any closed cave or closed tunnel.
OR
Any ship OR
Any vessel used in navigation, however propelled.
Any part of a buildingOR
Part of any building or structure of any description, whether permanent or temporary; and includes a tent, caravan, or houseboat; and also includes any enclosed yard or any closed cave or closed tunnel.
Any part of a ship
Part of any vessel used in navigation, however propelled.
Without authority
An absence of authority, either expressed or implied, from a person the defendant believes is legally able to give consent.
With intent to commit an imprisonable offence in the building OR ship
There must be an intention to commit an imprisonable offence in the building
OR
there must be an intention to commit an imprisonable offence in the ship.
Wilful Damage - Sets Fire to
Summary Offences Act 1981
Section 11(1)b)
Intentionally
A deliberate OR reckless act [where the possible consequences are foreseen but continues the act regardless of the risk], without lawful justification, excuse or claim of right.
Sets fire to
Damages through use of fire.
Any tree or vegetation
Any growing plant.
Possession of instruments
Crimes Act 1961
Section 227
Without lawful authority or excuse
Without a legal right or justification, authority or permission. No lawful or genuine or reasonable excuse.
Has in his possession
In their possession or under their immediate control
Any instrument capable of being used for taking or converting
Any object whatsoever that is capable of being used to take or convert
Any Vehicle
Any contrivance equipped with wheels, tracks or revolving runners on which it moves or is moved
OR
Any Ship
Any vessel used in navigation, however propelled
OR
Any aircraft
Any machine that can derive support in the atmosphere from the reaction of the air
With intent to use for such a purpose
With an intention to use the instrument to take or convert
Public Place Definition
A place that, at any material time, is open to or is being used by the public, whether free or on payment of a charge, and whether any owner or occupier of the place is lawfully entitled to exclude or eject any person from that place; and includes any aircraft, hovercraft, ship or ferry or other vessel, train, or vehicle carrying or available to carry passengers for reward. Also includes the interior of a vehicle that is in a public place.
Powers to Use Force
Section 39
Gives a constable or other person the power to use force in making an arrest.
Reasonable force includes force that is necessary and proportionate, given all the circumstances known at the time.
Trespass after previous warnings
Trespass Act 1980
Section 4(4) & 11(2)(a)
Being a person who has been warned under Section 4 to stay off any place
A person who has been issued with a warning, either verbally or in writing, to stay off a property.
Wilfully trespasses on that place
The offender intentionally, deliberately, without mistake, returns to the premises.
Within two years
Within two years after the giving of the warning.
Burglary - Having Entered
Crimes Act 1961
Section 231 (1)b)
Having entered
Is physically inside the building or ship.
Any building
OR
Any ship
Any building or structure of any description, whether permanent or temporary; and includes a tent, caravan, or houseboat; and also includes any enclosed yard or any closed cave or closed tunnel.
Any vessel used in navigation, however propelled.
Remains without authority
Remains when consent to be within the building or ship no longer applies.
With intent to commit an imprisonable offence in the building or Ship
There must be an intention to commit an imprisonable offence in the building or ship.
Unlawful Takes Vehicle (Conversion of Vehicle)
Crimes Act 1961
Section 226(1)(a) OR 226(1)(b) OR 226(1)(c)
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.
But not so as to be guilty of theft
Unable to prove an intention to permanently deprive the owner.
Takes
Physically moves the property.
For any person’s purpose
For their own purposes
- *OR**
- *another person’s purposes.**
Any vehicle
Any type of vehicle.
OR
Any ship
Any vessel used in navigation, however propelled.
OR
Any Aircraft
Any machine that can derive support in the atmosphere from the reaction of the air.
OR
Any part of any vehicle, ship or aircraft
Any part removed from (use relevant definition above)
OR
Any horse
Any type of horse.
Unlawful Interferes with Vehicle (Conversion of Vehicle)
Crimes Act 1961
Section 226(2)
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.
Interferes with
Touches or deals with in any way.
Any vehicle
Any type of vehicle.
OR
Any Ship
Any vessel used in navigation, however propelled.
OR
Any aircraft
Any machine that can derive support in the atmosphere from the reaction of the air.
Being found on Property without Reasonable Excuse (enclosed yard or such area)
Summary Offences Act 1981
Section 29 (1)b)
Found
To be seen, discovered to come upon
Without Reasonable Excuse
Without Reasonable Excuse
In
Physically inside of
Any enclosed yard or other such area
An enclosed yard, garden or area, appurtenant to a building
Powers to Use Force
Section 42
Allows anyone to use reasonable force to prevent a breach of the peace.
Fighting in a public place
Summary Offences Act 1981
Section 7
Fights
Fighting is punching, striking, mauling, wrestling, etc, between two or more willing participants
In a public place
A place that, at any material time, is open to or is being used by the public, whether free or on payment of a charge, and whether any owner or occupier of the place is lawfully entitled to exclude or eject any person from that place; and includes any aircraft, hovercraft, ship or ferry or other vessel, train, or vehicle carrying or available to carry passengers for reward. Also includes the interior of a vehicle that is in a public place
Resisting Police
Summary Offences Act 1981
Section 23(a)
Resists
Requires some degree of force by the offender.
OR
Incites or encourages any other person to resist
Urge or persuade any other person to use some degree of force.
Any constable or authorised officer or prison officer or traffic officer acting in the execution of their duty
The person must have been lawfully exercising their powers.
Assualt with a weapon
Crimes Act 1961 Section 202C (1)a) or 202 C(1)b)
Assaults
Acts of intentionally applying or attempting to apply force to the person of another, directly or indirectly,
OR
threatening by any act or gesture to apply such force to the person of another, if the person making the threat has, or causes the other to believe on reasonable grounds that they have, the present ability to effect their purpose.
Another person
It has to be another person other than the offender.
Using anything as a weapon.
An object of some sort, whether animate or inanimate, must be used as a weapon.
OR
Having anything with him or her in circumstances that prima facie show an intention to use it as a weapon.
An object of some sort, whether animate or inanimate, must be either on the offender or reasonably available to them. The circumstances must be sufficient to show an intention to use the object as a weapon.
Theft - Uses or Deals With
Crimes Act 1961
Section 219 (1)(b) & 223(b) or 223(c) or 223(d)
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.
Uses or deals with
Exceeds the authority or conditions given by using or dealing with the property in any manner
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
An intent to deprive the owner permanently of the property
OR
deal with the property in a manner so that it cannot be restored to its original condition.
OR
With intent to deprive any owner permanently of any interest in that property
An intent to deprive the owner permanently of that part of the property in which they have an interest.
After obtaining possession or control of that property in whatever manner
Obtained possession or control of that property for himself/herself or any other person.
Arrest Powers
315 (2)a)
Crimes Act 1961
Finds
Disturbing the public peace
OR
committing any offence punishable by an imprisonment
Arrest Powers
315 (2)b)
Crimes Act 1961
Has good cause to suspect
Of having committed a breach of the peace
OR
any offence punishable by imprisonment
Arrest Powers
Section 39 (1)
Summary Offences Act 1981
Has good cause to suspect
Of having committed an offence against this act
Except sections 17-20, 25, 32-38
Arrest Powers
Section 39 (2)
Summary Offences Act 1981
Within View
Does an act the constable believes is an offence against sections
17-20, 25, 32-38
AND fails to give name and address or gives false details
Section 62
Crimes Act 1961
Excess use of Force
Everyone authorised by law to use force is criminally responsible for any excess, according to the nature and quantity of the act that constitutes the excess.
Indecent Exposure
Section 27
Summary Offence Act 1981
In or within view of
In a public place and also covers any act done in a private place which can be seen by a person in a public place.
a Public Place
As defined in Section 2 of the Summary Offences Act 1981.
Intentionally and obscenely
The act of exposure… …will require it to be deliberate or voluntarily and not accidental. …offends contemporary standards of propriety, to the extent that a reasonable observer would regard it with “loathing, disgust and revulsion”. Consideration must be given to time, place and circumstances.
Exposes any part of his or her genitals
the penis and testes of a male, and the vulva and vagina of a female. Some part of such an organ must be “exposed”, or made visible.
Indecent Act in Public Place
Section 125
Crimes Act 1961
Wilfully does any
…deliberate or voluntarily and not accidental.
Indecent Act
The word “indecent” means “not conforming with generally accepted standards of behaviour, especially in relation to sexual matters”.
In any Place
To which the public have or are permitted to have access, OR
Within view of any such place.
Indecent Act with Intent to Insult or Offend
Section 126
Crimes Act 1961
With Intent to Insult or Offend any Person
Done deliberately, on purpose aiming to cause offence and outrage.
Does any Indecent Act
The word “indecent” means “not conforming with generally accepted standards of behaviour, especially in relation to sexual matters”.
In any place
Includes private and public place.
Indecent Assault
Section 135
Crimes Act 1961
Indecently assaults
As per Section 2 of the Crimes Act 1961, assault is the act of intentionally applying force or attempting to apply force to the another person directly or indirectly or threatening by an act or gesture to apply such force to the person of another, if the person making the threat has, or causes the other to believe on reasonable grounds they have the present ability to effect his purpose.
This act of assault must be accompanied by circumstances of indecency.
Another Person
It has to be another person other than the offender.
Sexual Violations
Sections 128 (1)a) and 128 (1)b)
Crimes Act 1961
Section 128 (1)a) - A person who rapes another person
Person A rapes person B if person A has sexual connection with person B effected by the penetration of person B’s genitalia by person A’s penis
- without person B’s consent to the connection and
- without believing on reasonable grounds B consented to the connection
Section 128 (1)b) - Any person having unlawful sexual connection with another person.
Person A has unlawful sexual connection with person B if person A has sexual connection with person B
- without person B’s consent to the connection and
- without believing on reasonable grounds B consented to the connection
Sexual connection means:
Connection effected by the introduction into the genitalia or the anus of one person, otherwise than for genuine medical purposes, of:
- any part of the body of the another person or
- an object held or manipulated by the another person or
- connection between the mouth or tongue of one person and a part of another person’s genitalia or anus or
- continuation of connection of a kind described above
