Offences Flashcards

1
Q

Wilful Damage

A

Intentionally - Deliberate OR Reckless act without lawful justification, excuse or claim of right

Damages - Permanent or temporary reduction in value or usefulness of the property

Property - Something that belongs to another person and is capable of being damaged

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2
Q

Theft

A

Dishonestly - Without belief that they can consent or authority from the owner

Without claim of right - No belief in right to own or possess that property

Takes - Physically moves the property

Any property - Anything that is the property to any person and has value

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

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3
Q

Having Entered

A

Having entered - Physically inside
OR
Ship

Remains without authority - Remain when consent to be within the building / ship no longer applies

With intent to commit an imprisonable offence in that building / ship

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4
Q

Burglary

A

Enters - Entry is complete when any part of the body or instruments is within the building / ship

Any building / ship

Any party building / ship

Without authority - Absence of authority, 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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5
Q

Common Assault

A

Assault - Intentionally applying or attempting to apply force directly or indirectly, OR threatening by any acts or gestures to apply force. Has or causes that they the present ability to effect their purpose.

Another person - Another person other than the offender

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6
Q

Aggravated Assault

A

Assault - Intentionally applying or attempting to apply force directly or indirectly, OR threatening by any acts or gestures to apply force. Has or causes that they the present ability to effect their purpose.

Another person - Another person other than the offender

Using anything as a weapon - An object of some sort be used as a weapon

OR

Having anything with them in circumstance that prima facie shows an intention to use it as a weapon

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7
Q

Fighting in a Public Place

A

Fights

Public Place

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8
Q

Disorderly behaviour likely to cause violence

A

In a public place or with view

Behaves in or incites or encourages any person to behave in

Riotous, offensive, threatening, insulting or disorderly manner

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9
Q

Offensive or disorderly behaviour

A

In a public place or within view

Behaves in an offensive behaviour or disorderly manner

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10
Q

Disorderly assembly

A

An assembly of 3 or more

Public Place

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

That those assembled will

Use violence against any person or property

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11
Q

Excreting in public

A

Urinates or defecates

Public Place

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12
Q

Resisting Police

A

Resisting Police - Some degree of force
OR
Incites or encourages any other person to resist - Urge or persuade other person to use some degree of force

Any constable acting in execution of their duty - Lawfully exercising their powers

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13
Q

Obstruction

A

Intentionally obstruction - Deliberately makes it more difficult to carry out their duties.
OR
Incites or encourages any other person to obstruct - Persuade any other person

Any constable acting in execution of their duty - Lawfully exercising their power

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14
Q

Trespass - After warning to leave

A

Trespass - Is on another persons property without authority or permission

On any place - Any physical address

After being warned to leave that place by the 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. Must be given reason time to leave

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15
Q

Trespass - After previous warning

A

Being a person who has been warned under section 4 to stay off any property

Wilful trespasses on that place - The offender intentionally deliberately, without mistake returns to the premises

Within two years - Returns within two years of being warned

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16
Q

Robbery

A

Theft

Accompanied by violence - Before or at time of theft
OR
Accompanied by threats of violence - Before or at time of theft, demonstrated by conduct or gestures

To any place - The person who has been threatened/used by violence
OR
To any property - The property has been threatened/used by violence

Use to extort the property stolen
OR
To prevent or overcome resistance to the property being stolen

17
Q

Aggravated Robbery

A

Robbery is complete

Cause GBH before, during or after

Being together with any other person

A person armed with an offensive weapon or instrument

18
Q

Unlawful takes vehicle

A

Dishonesty - Without belief that there was consent or authority from the owner

Without claim of right - No belief in right to own or possess that property

But no so as to be guilty of theft - Unable to prove an intention to permanently deprive the owner

Takes - Physically moves the property

For his/her own purpose
OR
Any other persons purpose

Any vehicle, ship OR aircraft

Any part vehicle, ship or aircraft

OR Horse

19
Q

Unlawful uses vehicle

A

Dishonesty - Without belief that there was consent for authority from the owner

Without claim of right - No belief in right to own or possess that property

But no so as to be guilty of theft - Unable to prove an intention to permanently deprive the owner

Uses - Gains possession or control and exceeds authority or condition given by the owner by using it

For his/her own purpose
OR
Another persons purpose

Any vehicle, ship, or aircraft

Any part vehicle, aircraft or ship

OR Horse

20
Q

Unlawful interfere with vehicle

A

Dishonestly - Without belief that there was consent from the owner

Without claim of right - No belief in right to own or possess that property

Interferes with - Touches or deals with it in anyway

Any vehicle, ship or aircraft

21
Q

Dishonestly getting into or upon

A

Dishonestly - Without belief that there was consent or authority from the owner

Without claim of right - No belief in right to own or possess that property

Get in to - Physically gets in
OR
Gets upon - Physically gets upon

Any vehicle, ship or aircraft

22
Q

Possession of instruments

A

Without lawful authority or excuse - Without 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, ship or aircraft

With intent to use for such purpose - With an intention to use the instrument to take or convert