Offences against property and public order

Question 1

Four ways of committing a break and enter

Answer 1

• Breaking and entering a place and committing an indictable offence therein–B&E under s. 348(1)(b) of the Code.
• Breaking and entering a place with intent to commit an indictable offence therein -B&E under s. 348(1)(a) of the Code.
• Breaking out of a place after having committed an indictable offence therein -B&E under s. 348(1 (c)(i) of the Code.
• Breaking out of a place after having entered with intent to commit an indictable offence therein -B&E under s. 348(1 (c)(ii) of the Code.

Question 2

Rebuttable presumption of intent

Answer 2

s. 348 (2)(a)

• Proving that a person broke and entered a place also proves the “intent to commit an indictable offence” element, unless the accused provides evidence to the contrary.
• Any reasonable excuse offered by the accused could negate the presumption.

Question 3

Essential elements of unlawfully in a dwelling-house

Answer 3

s. 349(1)

• Enter or to be in a dwelling-house
• With intent to commit an indictable offence (does not have to precede the entry)
• The rebuttable presumption applies to the mens rea of this offence.

Question 4

Essential elements of forcible entry

Answer 4

S. 72(1)

• Enters real property
• In the actual and peaceable possession of another
• In a manner that is likely to breach the peace (element of violence or threatened violence)

Question 5

Essential elements of trespass at night

Answer 5

S. 177

• Loiters or prowls
• At night (between 9pm and 6am)
• On the property of another person (private or belongs to someone other than the accused)
• Near a dwelling-house on that property
• Without lawful excuse

Question 6

Essential elements of theft

Answer 6

S. 322(1)

• Takes or converts to his use or to the use of another person
• Anything whether animate or inanimate

• Fraudulently (intentional without mistake) and without colour of right (honest belief in a state of facts).
*intoxication can be used as a defence to theft

• With intent to deprive the owner of it, temporarily or absolutely

Question 7

Point when theft is complete

Answer 7

s. 322(2)

• A person commits theft when, with intent to steal anything, he moves it or caused it to move or to be moved, or begins to cause it to become movable.

Question 8

Joyriding

Answer 8

s. 335

• Taking a motor vehicle or vessel without consent the owner’s consent with “intent to drive, use, navigate, or operate it”.
• Being an occupant or a motor vehicle or vessel while knowing that it was taken without consent
• Intent is to take and temporarily use the motor vehicle or vessel not to “steal” it.

Question 9

Four way of committing an offence in relation to credit cards

Answer 9

s. 342

Section 342 of the Criminal Code creates several separate and distinct credit card offences with respect to credit cards, including theft, use and forgery offences:

• Stealing a credit card -s. 342(1)(a).
• Forging or falsifying a credit card-s.342(1)(b).
• Possessing, using, or trafficking in a credit card or forged or falsified card, knowing that it was obtained, made, or altered in a criminal manner-s.342(1)(c).
• Knowingly using a revoked or cancelled credit card -s.342(1)(d).

Question 10

Essential elements of the possessing property obtained by crime (PSP)

Answer 10

s. 4(3)

• Property of someone other than the accused
• Derived from, or obtained through, commission of an indictable offence
• Accused has possession of the goods

Question 11

Essential elements of possessing break-in instruments

Answer 11

s. 351(1)

• Accused has possession of the instrument/s – knowledge, control and consent
• Instrument/s are suitable for breaking into a place, motor vehicle, vault or safe
• Instrument has been used or was intended to be used to break in

Question 12

Four ways of committing mischief

Answer 12

• Damaging property-mischief under s. 430(1)(a) of the Code.
• Rendering property dangerous or inoperative-mischief under s. 430(1)(b) of the Code.
• Interfering with use of property-mischief under s. 430(1)(c) of the Code.

• Interfering with a person in relation to property-mischief under s. 430(1)(d) of the
Code.

Question 13

Essential elements of being a member of an unlawful assembly

Answer 13

s. 63(1)

• An assembly of three or more persons
• Gathered together with intent to carry out a common purpose
• Who, by their actions, cause people in the neighbourhood to fear on reasonable grounds that they will disturb the peace tumultuously (element of violence or force) or cause others to do so.

Question 14

Five ways of causing a disturbance

Answer 14

• Causing a disturbance in a public places. 175(1)(a) of the Code.
• Making an indecent exhibition in a public place -s. 175(1)(b) of the Code.
• Loitering and obstructing in a public places. 175(1)(c) of the Code.
• Disturbing occupants of a dwelling-house by disorderly conduct in a public place –s. 175(1)(d) of the Code.
• Disturbing occupants of a dwelling-house by disorderly conduct in a common area of an apartment-s. 175(1)(d) of the Code.