Offences Flashcards

Learn offences and their relevant sections and elements.

1
Q

Assault

A

CA1961, 196 OR SO1981, 9

Elements:

  • Assaults
  • Another person
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2
Q

Assault with a Weapon

A

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.

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3
Q

Theft (Takes)

A

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
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4
Q

Burglary (Enters)

A

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
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5
Q

Theft (Uses deals)

A

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

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6
Q

Assault (Determining the act)

A

IWI:

  • Intent
  • Weapon or degree of force
  • Injuries received
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7
Q

Unlawful Takes Vehicle (Conversion of vehicle)

A
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
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8
Q

Unlawful Interferes With Vehicle

A
Elements:
- Dishonestly
- Without claim of right
- Interferes with
- Any vehicle
OR
Any ship
OR
Any aircraft
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9
Q

Wilful Damage 11(1)(b)

A

Elements:

  • Intentionally
  • Sets fire to
  • Any tree or vegetation
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10
Q

Fighting in a Public Place

A

Elements:

  • Fights
  • In a public place
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11
Q

Resisting Police

A

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

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12
Q

Being Found on Property Without Reasonable Excuse (Enclosed yard or area)

A

Elements:

  • Found
  • Without reasonable excuse
  • In
  • Any enclosed yard or other such area
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13
Q

Possession of Instruments

A
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
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14
Q

Burglary (Having entered)

A
Elements:
- Having entered 
- Any building
OR 
Any ship
- Remains without authority 
- With intent to commit an imprisonable offence in the 
building
OR
Ship
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15
Q

Robbery

A
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
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16
Q

Obstruction

A

Elements:
- Intentionally obstructs
OR
Incites or encourages any other person to obstruct
- Any constable or authorised officer or prison officer or
traffic officer in the execution of their duty

17
Q

Unlawfully Getting Into OR Upon

A
Elements:
- Dishonestly
- Without claim of right
- Gets into
OR
Gets upon
- Any vehicle
OR
Any ship
OR
Any aircraft
18
Q

Being Found on Property Without Reasonable Excuse

A
Elements:
- Found 
- Without reasonable excuse
- In
OR
On
- Any building
OR
Any aircraft
OR
Any hovercraft
OR
Any ship, ferry or other vessel
OR
Any train
OR
Any vehicle
19
Q

Offensive OR Disorderly Behaviour

A
Elements:
- In a public place 
OR 
Within view of a public place
- Behaves in an offensive manner
OR
Behaves in a disorderly manner
20
Q

Wilful Damage 11(1)(a)

A

Elements:

  • Intentionally
  • Damages
  • Property
21
Q

Unlawfully Uses Vehicle (Conversion of vehicle)

A
Elements:
- Dishonestly
- Without claim of right
- But not so as to be guilty of theft
- Uses
- For his or her own 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