Offences Flashcards

1
Q

What is the maximum penalty for Wilful Damage?

A

3months imprisonment or $2000 fine

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2
Q

What section of the Summary Offences Act (1981) does Wilful Damage fall under?

A

Section 11(a)and (b)

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3
Q

What are the elements of Wilful Damage?

A
Intentionally
Damages
Property
OR
Intentionally
Sets fire to
Any tree or vegetation
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4
Q

What is the maximum penalty for tagging graffiti and vandalism?

A

Community based sentence and/or $2000

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5
Q

What is the maximum penalty for possession of graffiti implements?

A

Community work & or $500

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6
Q

What is the maximum penalty for sale of spray cans to U18?

A

$1500

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7
Q

What is the maximum penalty for easily accessed cans in a shop? (But they don’t have to be locked up)

A

$1500

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8
Q

What section does assault fall under in the Summary Offence Act 1981?

A

Section 9

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9
Q

What section does assault fall under in the Crimes act?

A

Section 196

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10
Q

What is indirect assault?

A

Force is not directly applied to victim. E.g.. pulling a chair out from someone

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11
Q

What is transferred malice?

A

Hurting someone unintentionally while trying to hurt someone else.

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12
Q

What is conditional assault?

A

Telling someone you’ll hurt them if they don’t comply with your condition….

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13
Q

In what section can the legal justification or force be found within the Crimes Act 1961?

A

Section 59

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14
Q

Use of Force- sec 39 of crime act states what?

A

Power to use force when making an arrest.

3=open handcuffs

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15
Q

Sec. 40 of crimes act (use of force) states what?

A

Use Force to stop a person escaping

0=tunnel

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16
Q

Sec 42 crimes act (use of force) states what?

A

Reasonable force to prevent a breach of peace.

2=✌=peace e

17
Q

Sec 48 of crimes act (use of force) states what?

A

Neccessary force to defend themselves or another.

8=mate

18
Q

Sec 41 of crimes act (Use of force) states:

A

Force to prevent suicide

1 = rope

19
Q

Powers of arrest without warrant. Crimes act 1961. What section?

A

315 (a) & (b)

20
Q

Arrest without warrant. Summary offences act 1981. What Section?

A

39(1) & 39(2)

21
Q

Crimes act 1961 - arrest without warrant. Sec. 315 (2)(a) states: ?

A

HE FINDS - you see them physically do it

22
Q

Crimes act 1961- powers of arrest without warrant. Section 315 (2)(b) states?

A

HE HAS GOOD CAUSE TO SUSPECT - a 4 on the scale of 1-10 you think they did it.