Offences Flashcards
Learn offences and their relevant sections and elements.
Assault
CA1961, 196 OR SO1981, 9
Elements:
- Assaults
- Another person
Assault with a Weapon
CA1961, 202C
Elements:
- Assaults
- Another person
- Using anything as a weapon.
OR
Having anything with him or her in circumstances that
prima facie show an intention to use it as a weapon.
Theft (Takes)
CA1961, 219 or 223
Elements: - Dishonestly - Without claim of right - Takes - Any Property - With intent to deprive any owner permanently of that property OR With intent to deprive any owner permanently of any interest in that property
Burglary (Enters)
CA1961, 231
Elements: - Enters - Any building OR Any ship OR Any part of a building OR Any part of a ship - Without authority - With intent to commit an imprisonable offence in the building OR Ship
Theft (Uses deals)
Elements:
- After obtaining possession or control of that property in whatever manner
- Dishonestly
- Without claim of right
- Uses or deals with
- Any property
- With intent to permanently deprive the owner of that
property
OR
With intent to permanently deprive any owner of any
interest in that property
Assault (Determining the act)
IWI:
- Intent
- Weapon or degree of force
- Injuries received
Unlawful Takes Vehicle (Conversion of vehicle)
Elements: - Dishonestly - Without claim of right - But not so to be guilty of theft - Takes - For his or her purposes OR Another person's purposes - Any vehicle OR Any ship OR Any aircraft OR Any part of any vehicle, ship or aircraft OR Any horse
Unlawful Interferes With Vehicle
Elements: - Dishonestly - Without claim of right - Interferes with - Any vehicle OR Any ship OR Any aircraft
Wilful Damage 11(1)(b)
Elements:
- Intentionally
- Sets fire to
- Any tree or vegetation
Fighting in a Public Place
Elements:
- Fights
- In a public place
Resisting Police
Elements:
- Resists
OR
Incites or encourages any other person to resist
- Any constable or authorised officer or traffic officer or prison officer acting in the execution of their duty
Being Found on Property Without Reasonable Excuse (Enclosed yard or area)
Elements:
- Found
- Without reasonable excuse
- In
- Any enclosed yard or other such area
Possession of Instruments
Elements: - Without lawful authority or excuse - Has in his/her possession - Any instrument capable of being used for taking or converting - Any vehicle OR Any ship OR Any aircraft - With intent to use for such a purpose
Burglary (Having entered)
Elements: - Having entered - Any building OR Any ship - Remains without authority - With intent to commit an imprisonable offence in the building OR Ship
Robbery
Elements: - Theft - Accompanied by violence OR Accompanied by threats of violence - To any person OR To any property - Used to extort the stolen property OR To prevent or overcome resistance to the property being stolen