Offences Flashcards
Name the Elements of Assault
Sec 196 C Act 1961
Sec 9 SO Act 1981
Assaults
Another Person
Elements of Assault with a weapon
Sec 202c C Act 1961
Assaults
Another Person
Uses anything as a weapon
Having anything with him/her in circumstances that prima facie show an intention to use it as a weapon.
Definition of Assault?
The act of intentionally applying or attempting to apply force to another person, directly or indirectly OR threatening by an act or gesture to apply such force to another person, 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.
Prima Facie
Actus Reus
Mens Rea
PF = Accepted as correct until proven otherwise AR = Action required MR = Intent
3 things needed to prove an offence
Identity
Action
Intent
Offence proven by
Witness statements Offender statements Officer statements Forensic evidence Exhibits Photographs CCTV Footage
Elements of Theft by taking
Sec 219(1)(a) + 223 (b)(c)(d)
C act 1961
Dishonestly Without claim of right Takes Any property With intent to deprive the owner permanently of that property or interest in that property.
Elements of Theft by using
Sec 219(1)(a) + 223 (b)(c)(d)
C act 1961
Dishonestly
Without claim of right
Uses or deals with
Any property
With intent to deprive the owner permanently of that property or interest in that property.
After obtaining possession of that property in whatever manner
Definition - Dishonestly
Without a belief that there was consent or authority from the owner.
Definition - 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 a person and has value
Theft / Receiving penalties
$1000 = 7 years imprisonment
Elements of Burglary Sec 231(1)(a) C Act 1961
Enters
Any Building, Ship, Part of building or part of ship
Without authority
With intent to commit an imprisonable offence.
Elements of Burglary (having entered) Sec 231(1)(b) C Act 1961
Having entered
Any building etc
Remains without authority
With intent to commit an imprisonable offence
Definition Enters
Entry is complete when any part of the body of the person or any part of any instrument used by that person, is within the building or the ship.
Definition 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 enclosed cave of closed tunnel.
Definition any Ship
Any vessel used in navigation, however propelled.
Definition Without authority +
Remains without authority
An absence of authority, either expressed or implied, from a person the defendant believes is legally able to give consent.
Remains when consent to be within building/ship no longer applies.
Elements of Robbery Sec 234(1) & (2) C Act 1961
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.
Aggravated Robbery
Aggravated Burglary
Agg Rob - Robbery plus
GBH to any person caused
Two or more people
Armed with an offensive weapon
Agg Burg - While committing or committed
Has a weapon with them
Uses anything as a weapon
Elements Receiving Sec 246(1) Crimes Act 1961
Receives
Any stolen property
Any property obtained by any imprisonable offence
Knowing that property to have been stolen or so obtained
OR
Being reckless as to whether the property had been stolen or so obtained
Definition 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
Elements Unlawful takes vehicle
Sec 226(1)(a)(b)(c) C Act 1961
7 years
Dishonestly Without claim of right But not so as to be guilty of theft Takes For his or her own purposes OR Another persons purpose Any vehicle, ship, aircraft, part of or horse.
