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Offences, Assualt,Theft,Burg,Dish > Offences > Flashcards

Offences Flashcards

1
Q

Name the Elements of Assault
Sec 196 C Act 1961
Sec 9 SO Act 1981

A

Assaults

Another Person

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2
Q

Elements of Assault with a weapon

Sec 202c C Act 1961

A

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.

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3
Q

Definition of Assault?

A

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.

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4
Q

Prima Facie
Actus Reus
Mens Rea

A 
PF = Accepted as correct until proven otherwise
AR  = Action required
MR = Intent
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5
Q

3 things needed to prove an offence

A

Identity
Action
Intent

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6
Q

Offence proven by

A 
Witness statements
Offender statements
Officer statements
Forensic evidence
Exhibits
Photographs
CCTV Footage
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7
Q

Elements of Theft by taking
Sec 219(1)(a) + 223 (b)(c)(d)
C act 1961

A 
Dishonestly 
Without claim of right
Takes
Any property
With intent to deprive the owner permanently of that property or interest in that property.
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8
Q

Elements of Theft by using
Sec 219(1)(a) + 223 (b)(c)(d)
C act 1961

A

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

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9
Q

Definition - Dishonestly

A

Without a belief that there was consent or authority from the owner.

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10
Q

Definition - Without claim of right

A

No belief in a right to own or possess the property

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11
Q

Takes

A

Physically moves the property

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12
Q

Any Property

A

Anything whatsoever, whether tangible or intangible, that is the property of a person and has value

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13
Q

Theft / Receiving penalties

A

$1000 = 7 years imprisonment

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14
Q 
Elements of Burglary
Sec 231(1)(a) C Act 1961
A

Enters
Any Building, Ship, Part of building or part of ship
Without authority
With intent to commit an imprisonable offence.

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15
Q 
Elements of Burglary (having entered)
Sec 231(1)(b) C Act 1961
A

Having entered
Any building etc
Remains without authority
With intent to commit an imprisonable offence

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16
Q

Definition Enters

A

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.

17
Q

Definition Any Building

A

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.

18
Q

Definition any Ship

A

Any vessel used in navigation, however propelled.

19
Q

Definition Without authority +

Remains without authority

A

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.

20
Q 
Elements of Robbery
Sec 234(1) & (2) C Act 1961
A 
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.
21
Q

Aggravated Robbery

Aggravated Burglary

A

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

22
Q 
Elements Receiving
Sec 246(1) Crimes Act 1961
A

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

23
Q

Definition Receives

A

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

24
Q

Elements Unlawful takes vehicle
Sec 226(1)(a)(b)(c) C Act 1961
7 years

A 
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.
25
Q

Definition Not so as to be guilty of theft

A

Unable to prove an intention to permanently deprive the owner

26
Q

Elements Unlawful Uses vehicle

A

Dishonestly
Without claim of right
But not so as to be guilty of theft
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 his or her own purposes or another persons purposes
Any vehicles etc

27
Q 
Elements - Unlawful interferes with vehicle
Sec 226(2) C Act 1961
2 years
A

Dishonestly
Without claim of right
Interferes with - Touches or deals with in any way.
Any vehicle etc

28
Q 
Elements - Unlawful getting into or upon
Sec 226(2) C Act 1961
2 years
A

Dishonestly
Without claim of right
Gets into or upon
Any vehicle ect

29
Q

Elements - Possesion of instruments
Sec 227 C Act 1961
1 year

A 
Without lawful authority or excuse
Has in possession
Any instrument capable of being used for taking or converting
Any Vehicle etc
With intent to use for such a purpose
30
Q

Definition of - Without lawful authority or excuse

A

Without a legal right or justification, authority or permission, No lawful or genuine or reasonable excuse

31
Q 
Elements  - Dishonestly taking or obtaining a document
Sec 228(1)(a) C Act 1961
7 uears
A 
Dishonestly
Without claim of right
Takes or Obtains
Any document
With intent to obtain
Property, Service, Pecuniary Knowledge, valuable consideration
32
Q 
Elements - Dishonestly using or attempting to use a document
Sec 228(1)(b) C Act 1961
7 years
A 
Dishonestly
Without claim of right
Uses/ Attempts to use
Any document
With intent to obtain
Property
Service
Pecuniary Advantage
Valuable compensation

Offences, Assualt,Theft,Burg,Dish (1 decks)

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