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P- 339 > Offences > Flashcards

Offences Flashcards

1
Q

What are the elements of “Unlawfully Takes”

A 
Dishonestly,
Without Claim of Right,
But not so to be guilty of theft,
Takes,
For the Purpose of Any Person,
Any Vehicle OR
Any Ship OR
Any Aircraft OR
Any part of any vehicle, ship or aircraft OR
Any Horse
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2
Q

What are the elements of “Unlawfully Uses”

A 
Dishonestly,
Without Claim of Right,
But not so to be guilty of theft,
Uses,
For the Purpose of Any Person,
Any Vehicle OR
Any Ship OR
Any Aircraft OR
Any part of any vehicle, ship or aircraft OR
Any Horse
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3
Q

Definition of CLAIM OF RIGHT

A

Belief to a right to own or possess the property

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4
Q

Definition of DISHONESTLY

A

With no belief that there was a consent or authority from the owner

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5
Q

When is a person considered an owner? / OWNERSHIP

A

A person is regarded as the owner of any property that is stolen if, at the time of the theft, that person has:

(a) Possession of the property
(b) Any interest in the property
(c) The right to take possession or control of the property

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6
Q

Definition of PROPERTY

A

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

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7
Q

What is the difference between “Taking” and “Using”?

A

Takes - Physically Moves the Property
Uses - Gains possession or control fo the property, but exceeds the authority or conditions given by the owner by using it in any manner

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8
Q

What are the elements of assault?

A

Assaults

Another Person

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9
Q

What are the elements of assault with a weapon?

A 
Assaults
Another Person
Using anything as a weapon
OR
Having anything with them in circumstances that prima facie show an intention to use it as a weapon
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10
Q

What is direct application of force?

A

Force that is applied directly to the other person; eg by punching, or hitting someone with a baseball bat

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11
Q

What is indirect assault?

A

Assault where the force has not been applied directly to the other person.

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12
Q

What is transferred malice?

A

An offender with be liable for an office if they have the necessary mens rea (intent) and commits the actus reus (action) even if the victim differs from the one intended

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13
Q

What is conditional assault?

A

Where assault with/will not occur depending on a condition; eg If you take another step, I will hit you.

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14
Q

What are the three factors you must considered when deciding on the type of assault charge?

A

The Intent (scare, injury or kill)
Weapons or Force (slap or knife)
Injury (injured, wounded or killed)

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15
Q

What are the elements of theft (takes)?

A

Dishonestly,
Without Right of Claim,
Takes,
Any property,
With the 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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16
Q

What are the elements of theft (uses/deals)?

A

Dishonestly,
Without Right of Claim,
Uses or Deals,
Any property,
With the intent to deprive any owner permanently of that property,
OR
With intent to deprive any owner permanently of any interest in that property,
After obtaining possession or control of that property in whatever manner.

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17
Q

What are the elements of Burglary (Entering)?

A 
Enters,
Any Building,
OR
Any Ship,
OR
Any part of a building,
OR
Any part of a ship,
Without Authority,
With the intent to commit an imprisonable offence in the building,
OR
With the intent to commit an imprisonable offence in the ship.
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18
Q

What are the elements of Burglary (Having Entered)?

A 
Having entered,
Any building,
OR
Any ship,
Remains without authority
With intent to commit an imprisonable offence in the building,
OR
With intent to commit an imprisonable offence in the ship
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19
Q

Definition of ‘Enter’

A

Entry is complete as soon as any part of the body of the person or any part of any instrument used by that person is within the building or ship

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20
Q

Definition of ‘Building’

A

Includes house, warehouses, tents, caravans. closed caves. closed tunnel, shops etc, whether permanent or temporary

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21
Q

Definition of ‘Ship’

A

A vessel used for navigation, however propelled

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22
Q

Definition of ‘Without Authority’

A

An absence of authority, either expressed or implied, from a person the defendant believes is legally able to give consent

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23
Q

Definition of ‘Remains without Authority’

A

Remains when consent to be within the building or ship no longer applies

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24
Q

Definition of ‘Artifice’

A

Being cunning, skilled or artful.

In relation to obtained permission, it is gaining permission by posing as someone else to trick the owner into allowing you entry

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25
Q

What are the elements of Robbery?

A 
Theft,
Accompanied by violence,
OR
Accompanied by Threats of violence,
Any person,
OR
Any property,
Used to extort the property stolen,
OR
To prevent or overcome resistance to the property being stolen.
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26
Q

What is aggravated robbery?

A

Robbery which results in GBH to any person
OR
Robbery with two or more people against any person
OR
A person armed with an offensive weapon or instrument

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27
Q

What is assault with intent to rob?

A

Assaulting someone with the intention of robbing them

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28
Q

Why is ‘intent to steal’ relevant in robbery?

A

The intend to steal must exist at the time the violence is used or the threats are made

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29
Q

Definition of ‘Accompanied by violence’

A

Violence before or at the time of the theft

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30
Q

Definition of ‘Accompanied by Threats of violence’

A

Threat of violence before or at the time of the theft, demonstrated by conduct or words

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31
Q

Definition of ‘Any person or property’ in Robbery

A

Any person or any property that has been threatened with violence or had violence used against it

32
Q

Definition of ‘Used to extort the property stolen’

A

The violence or threats used by the offender are sufficient to cause the person to hand over the property against their will

33
Q

Definition of ‘to prevent or overcome resistance to the property being stolen’

A

The property is taken by the offender after any resistance to take the property has been prevented or overcome

34
Q

When is the offence of robbery complete?

A

Robbery is complete when the offender has taken the property by force or threats of force

35
Q

What are the elements for receiving property?

A

Receives,
Any property stolen,
OR
Any property obtained by any other imprisonable offence,
Knowing that property to have been stolen or so obtain,
OR
Being reckless as to whether the property had been stolen or so obtained

36
Q

What are the four requirement for the element “possession”?

A

Awareness that the item is where it is;
Awareness that the item has been stolen;
Actual or potential control of the item; and
An intention to exercise that control over the item

37
Q

How is guilty knowledge proved?

A

Direct evidence - evidence given by the actual thief,
Circumstantial evidence - receiver purchased the property at gross undervalue, receiver concealed the property so it could not be found, receiver falsely denies having possession of the property.

38
Q

What are the elements for ‘Dishonestly Taking’?

A 
Dishonestly
Without right of claim
But not so to be guilty of theft
Takes
For his or her own purposes
OR
Another person's purpose
Any vehicle
OR
Any ship
OR
Any aircraft
OR
Any part of a vehicle, ship or aircraft
OR
Any Horse
39
Q

What are the elements for ‘Dishonestly Uses’?

A 
Dishonestly
Without right of claim
But not so to be guilty of theft
Uses
For his or her own purposes
OR
Another person's purpose
Any vehicle
OR
Any ship
OR
Any aircraft
OR
Any part of a vehicle, ship or aircraft
OR
Any horse
40
Q

What are the elements for ‘Dishonestly Taking/Obtaining a Document

A 
Dishonestly,
Without Right or Claim,
Takes
OR
Obtains
Any document
With intent to obtain
Property,
OR
Service,
OR
Pecuniary advantage,
OR
Valuable Consideration
41
Q

Definition of ‘Document’

A

Something that conveys information or serves as a record

42
Q

What does “intent to obtain’ mean

A

An intention to obtain or retain for himself OR herself OR any other person

43
Q

Is there a power of arrest for ‘Dishonestly taking/obtaining a document’?

A

Yes - Crimes Act 1981 Section 315 (2) (b)

44
Q

What are the elements for ‘Unlawful interference with vehicle’?

A 
Dishonestly,
Without Claim of Right
Interferes with,
Any vehicle,
OR
Any Ship,
OR
Any aircraft
45
Q

What are the elements for ‘Unlawful getting into a vehicle’?

A 
Dishonestly,
Without Claim of Right
Gets into,
Any vehicle,
OR
Any ship,
OR 
Any aircraft
46
Q

What are the elements for ‘Unlawful getting upon a vehicle’?

A 
Dishonestly,
Without Claim of Right
Gets upon,
Any vehicle,
OR
Any ship,
OR 
Any aircraft
47
Q

What are the elements for ‘Possession of Instruments’?

A 
Without lawful authority,
Has in his or her possession,
Any instrument capable of being used for taking or converting,
Any vehicle,
OR
Any ship,
OR 
Any aircraft.
48
Q

Definition of ‘interferes with’

A

Touches or deals with in any way

49
Q

Definition of ‘Any Vehicle’

A

Any type of vehicle

50
Q

Definition of ‘Any aircraft’

A

Any machine which derives support in the atmosphere from the reaction of air

51
Q

What are the elements for Wilful Damage? S11(1)(a)

A

Intentionally
Damages
Property

52
Q

What are the elements for Wilful Damage? S11(1)(b)

A

Intentionally
Sets Fire to
Any tree or vegetation

53
Q

Definition of INTENTIONALLY?

A

Deliberately, without lawful justification, excuse or claim of right.

OR

A reckless act, without lawful justification, excuse or claim of right.

54
Q

Recklessly

A

Without thought or disregard for consequences

55
Q

Definition of DAMAGES

A

Temporary or permanent reduction in the value and/or usefulness of the property.

56
Q

What is the time frame for a prosecution to be commenced?

A

Summary Offences 1981 - 6 months

Crimes Act 1981 - No time frame

57
Q

What are the elements for Graffiti/Vandalism/Tagging

A

Intentionally
Damages
Property

58
Q

What are the elements for ‘Fighting in a Public Place’

A

Fighting

Public Place

59
Q

What are the elements for ‘Offensive Behaviour’

A

In a public place; OR
Within view of a public place;
Behaves in an offensive manner

60
Q

What are the elements for ‘Disorderly Behaviour’

A

In a public place; OR
Within view of a public place;
Behaves in an disorderly manner

61
Q

Definition of FIGHTS

A

Fights is punching, striking, mauling, wrestling, etc, between two or more willing participants

62
Q

Definition of Public Place

A

A place that, at any material time, is open to or being used by the public, whether free or on payment of a charge, AND
whether any owner or occupier of the place is awfully entitled to exclude or eject any person from that place; AND
includes any aircraft, hovercraft, ship or ferry or other vessel, train, or vehicle carrying or available to carry passengers for reward.
Also include the interior of a vehicle that is in a public place

63
Q

What are the elements of ‘Resisting Police’?

A

Resists; OR
Incites or encourages any other person to resist;
Any Constable or Authorised Officer or Prison Officer or Traffic Officer acting in the execution of their duty.

64
Q

What are the elements of ‘Obstructing (Resisting Police)’?

A

Intentionally Obstructs; OR
Incited or encourages any other person to obstruct;
Any Constable, or Authorised Officer or Prison Officer or Traffic Officer acting in the execution of their duty.

65
Q

Definition of RESISTS

A

Requires some degree of force by the officer

66
Q

Definition of INTENTIONALLY OBSTRUCTS

A

Deliberately making it more difficult for a person to carry out their duties

67
Q

Definition of INCITES or ENCOURAGES

A

Urge or persuade any other person to use some degree of force

68
Q

Definition of ACTING IN THE EXECUTION OF THEIR DUTY

A

Lawfully exercising their powers.

69
Q

What are the elements for ‘TRESPASS AFTER WARNING TO LEAVE’

A

Trespasses;
On any place;
After being warned to leave that place by an occupier of that place;
Neglects or refuses to do so.

70
Q

What are the elements for ‘TRESPASS AFTER PREVIOUS WARNING’

A

Being a person who has been warned under section 4 to stay off any place;
Wilfully trespasses on that place;
Within two years

71
Q

What are the four legal defences to a charge of trespass

A

Protecting themselves; OR
Protecting someone else; OR
Emergency to protect their property or someone else’s property; OR
Lawful occupant no longer occupies the premise.

72
Q

What information can be demanded by a lawful occupier seeking to issue a trespass notice?

A

Full Name;
Full Address;
Firearm Licence number if in possession of a firearm.

73
Q

What are the elements for ‘Being Found on Property without Reasonable Excuse’

A 
Found;
Without a reasonable excuse;
In or On;
Any Building; OR
Any Aircraft; OR
Any ship, ferry or other vessel; OR
Any train; OR
Any vehicle
74
Q

What are the Bill of Rights for an Adult?

A

You are under arrest for ……; OR
You are being detained for ……; OR
You are being questioned about …..;
You have the right to remain silent and you do not have to make any statement;
Anything you say will be recorded and may be given in evidence in court;
You have the right to speak with a lawyer without delay and in private before deciding wether to answer any questions.
Police have a list of lawyers you may speak to for free

75
Q

What are the elements for ‘Disorderly behaviour (likely to cause violence)’

A

In or Within view of a public area;
Behaves, Incites or Encourages any person;
A riotous or offensive or threatening or insulting or disorderly manner;
Likely, in the circumstances, to cause violence against any persons or property to start or continue

P- 339 (6 decks)

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