Offences Flashcards
Section number and elements.
What are the sections of Assault in the C.A and the S.O.A?
C.A- 196
S.O.A- 9
What are the elements of common assault?
Assaults- Act of intentionally applying or attempting to apply force directly or indirectly. Threatening include.
Another person- Any other person
What are the 4 types of assault?
Direct
Indirect
Transferred malice
Conditional assault
What are the elements of Theft and what sections and act does it belong to?
Sections 219 and 223 of the C.A.
Dishonestly- Without belief there was consent or authority
Without claim of right- No belief in the right to own the property
Takes- Physically moves the property.
Any property- Anything that is the property of any person and has value.
With intent to deprive any owner permanently of, that property/any interest in that property- Self explanatory.
What are the elements of burglary and what section of the C.A does it belong to?
C.A section 231
Enters- When any part of the person or any instrument used by that person enters the building or ship
Any building or ship- Self explanatory
Without authority- No consent to enter the building
With intent to commit an imprisonable offence- There has be an intention to commit the offence
What are the elements of burglary (having entered)?
Having entered- Physically in the building or ship
Any building or ship- Self explanatory
Remains without authority- Remains when consent to be within the building no longer applies
With intent to commit an imprisnoable offence- There has to be an intention
What section of the C.A does aggravated burglary come under?
What is the difference between burg and aggravated burg?
Section 232
Aggravated is with a weapon or anything that is used to cause bodily harm.
What section and act does Robbery come under?
Crimes act 1961, section 234
List the elements of robbery.
Theft
Accompanied by violence or threats of violence
To any person or any property
Used to extort the property stolen or to prevent or overcome resistance
What are the three ways robbery turns into aggravated robbery?
At the time, before or after the robbery, causes grievous bodily harm to any person- GBH to any person
Or
Being together with any other person- two or more people
Or
Armed with an offensive weapon or instrument- Self explanatory
What are the elements of Unlawful takes/uses?
Dishonestly- Without belief that there was authority or consent 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- Cant prove that the intention was to permanently deprive the owner
Takes-Physically moves
Or
Uses- Exceeds authority or conditions given by the owner
For any persons purpose- Theirs or another persons purpose
Any vehicle
ship
aircraft
any part removed from a vehicle, ship or aircraft
or a horse
What are the elements of Unlawful interferes with and unlawful gets into or upon?
Dishonestly- Without 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
Or
Gets into or upon- Physically gets into or upon
Any vehicle, ship or aircraft- Self explanatory
What are the elements of Possession of instruments
Without lawful authority or excuse- Without legal right or justification, authority or permission. No genuine or reasonable excuse.
Has in their possession- Self explanatory
Any instrument capable of being used for taking or converting- Self explanatory
Any vehicle, ship or aircraft- Self explanatory
With intent to use for such a purpose- Intention to use the instrument to take or convert
What act and section does Unlawful takes/uses/interferes with/gets into or upon vehicle come under?
Crimes act 1961, section 226
What section of the C.A does possession of instruments come under?
Section 227
What sections of the C.A does receiving stolen property come under?
Section 246 and 247
What are the elements of receiving stolen property?
Receives- Any person other than the thief has possession or control over anything unlawfully obtained or helps in its concealment o disposal.
Any property stolen- Has value and has been stolen
Knowing that property to have been stolen- Believing at the time of receiving the property that it had been stolen
Or
Being reckless as to whether the property had been stolen or so obtained- Receives the property despite consciously taking an unreasonable risk that the property might be stolen
What are the elements of fighting in a public place?
Fights
In a public place
What act and section does fighting in a public place come under?
Summary offences act 1981, section 7
What are the elements of disorderly or offensive behavior?
In a public place
Or
Within view of a public place
Behaves in a disorderly manner- Disruptive manner that causes a disturbance to public order
Or
Behaves in an offensive manner- Behavior arouses feelings of anger, resentment or disgust that causes a disturbance to public order
What act and section does disorderly or offensive behavior come under?
Summary offences act 1981, section 4
What act and section does Disorderly assembly come under?
S.O.A, section 5
What are the elements of Disorderly assembly?
An assembly of 3 or more people
In any public 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 against any person or property
What section of the S.O.A does excreting in a public place come under and what are the elements?
Section 32 of the S.O.A
Urinates
In any public place.
