Offences//Elements Flashcards

1
Q

Assault

A

Assaults

Another Person

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2
Q

Assault With a Weapon

A

Assaults

Another Person

Using anything as a weapon

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3
Q

Being found on property without reasonable excuse

A

Found

Without Reasonable excuse

In OR On

Any building, Aircraft, hovercraft, ship ferry or other vessel, train or any vehicle

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4
Q

Being found on property without reasonable excuse

Enclosed yard or Area

A

Found

Without reasonable excuse

in

any enclosed yard or other such area

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5
Q

Burglary

A
  • Enters
  • Any Building, Ship, Part of building, part of ship
  • without authority
  • With intent to commit an imprisonable offence in that building or ship
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6
Q

Burglary (Having Entered)

A

Having entered

Any building OR Ship

Remains without authority

With intent to commit an imprisonable offence in the building or ship

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7
Q

Dishonestly Getting Into or upon

A

Dishonestly

Without claim of right

Gets into OR Gets upon

Any Vehicle, Ship, Aircraft

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8
Q

Excreting in a public place

A

Urinates or Defecates

In a public place

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9
Q

Fighting in a public place

A

Fights

In a public place

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10
Q

Offensive OR Disorderly Behaviour

A

In a public place Or Within view of a public place

Behaves in an offensive manner OR Behaves in an disorderly manner

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11
Q

Disorderly behaviour likely to cause violence

A

In a public place OR Within view of a public place

Behaves in OR Incites or encourages any person to behave in

A riotous, offensive, threatening, insulting or disorderly manner

That is likely, in the circumstances, to cause violence against persons or property to start or continue

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12
Q

Possession of Instruments

A

Has in his possession

Any instrument capable of being used for taking or converting.

Any vehicle, ship, aircraft

With intent to use for such a purpose

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13
Q

Receiving

A

Receives

Any property stolen OR Any property obtained by any other imprisonable offence

Knowing that property to have been stolen or so obtained OR Being reckless as to whether that property had been stolen or so obtained.

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14
Q

Resisting Police

A

Resists OR Incites or encourages any other person to resist

Any constable or authorised officer or prison officer or traffic officer in acting in the execution of their duty.

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15
Q

Obstruction (resisting police)

A

Intentionally obstructs OR incites or encourages any other person to obstruct.

Any constable or authorised officer or prison officer or traffic officer in acting in the execution of their duty

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16
Q

Robbery

A

Theft

Accompanied by violence OR Accompanied by the 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.

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17
Q

Theft (taking)

A

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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18
Q

Theft (using/dealing)

A

Dishonestly

Without claim of right

Uses or deals with

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

After obtaining possession or control of that property in whatever manner.

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19
Q

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

20
Q

Trespass after previous warnings

A

Being a person who has been warned under Section 4 to stay off any place

Wilfully trespasses on that place

Within two years

21
Q

Unlawful Interferes with Vehicle (Conversion of Vehicle)

A

Dishonestly

Without claim of right

Interferes with

Any Vehicle OR Any Ship OR Aircraft

22
Q

Unlawful Takes Vehicle (Conversion Of Vehicle)

A

Dishonestly

Without claim of right

But not so as to be guilty of theft

Takes

For his or her own purposes OR Another person purposes

Any Vehicle OR Ship OR Aircraft OR Any Part of any vehicle, ship or aircraft OR Horse

23
Q

Unlawful Uses a Vehicle (Conversion of Vehicle)

A

Dishonestly

Without claim of right

But not so as to be guilty of theft

Uses

For his or her own purposes OR Another persons purposes

Any Vehicle OR Ship OR Aircraft OR Any part of Vehicle, ship, aircraft OR Horse

24
Q

Wilful Damage

A

Intentionally

Damages

Property

25
Q

Wilful Damage (Fire)

A

Intentionally

Sets fire to

Any tree or vegetation

26
Q

Possession of Offensive Weapons or

Disabling Substances. 202A(4)(a)

A

Without lawful authority or reasonable excuse

Has with him or her

In any public place

Any Knife OR Any Offensive Weapon OR Any Disabling Substance.

27
Q

Possession of Offensive Weapons or Disabling Substances 202(4)(b)

A

Has in his or her possession

In any Place

Any Offensive weapon OR Disabling Substance

In the circumstances that prima facie show an intent to use it to commit an offence involving bodily injury or threat or fear and violence

28
Q

Unlawful Carriage OR Possession

Of a Firearm OR Airgun OR
Pistol OR Restricted Weapon OR Explosive

A

Except for some lawful proper and sufficient purpose

Carries
OR
Is in possession of

Firearm
OR
Airgun
OR
Pistol
OR
Restricted Weapon
OR
Explosives

Arms Act 1983, Section 45(1)(a) OR 45(1)(b)
Penalty: 4 years imprisonment/$5,000 fine

29
Q

Carrying an imitation firearm

A

Except for some lawful proper and sufficient purpose

Carries

An imitation firearm

Arms Act 1983, section 46(1)
Penalty: 2 years’ imprisonment/$4,000 fine

30
Q

Discharging firearm OR air gun OR pistol OR restricted weapon in or near a dwelling house OR public place.

A

Without reasonable cause

Discharges

A firearm OR Airgun OR Pistol OR Restricted weapon

In or near a dwelling house OR In or near a public place

So as to endanger property OR So as to endanger any person OR So as to annoy any person OR So as to frighten any person

Arms Act 1983, Section 48(a) OR 48(b)
Penalty: 3 months imprisonment/$3,000 fine

31
Q

Presenting a firearm

A

Except for some lawful and sufficient purpose

Presents

Firearm OR Air gun OR Pistol OR Restricted weapon

At any other person

32
Q

Presenting anything

A

Except for some lawful and sufficient purpose

Presents

At any other person

Anything

In the circumstances, is likely to lead that person to believe that it is a

Firearm OR Airgun OR Pistol OR Restricted weapon

33
Q

Indecent Exposure

Summary Offences Act 1981 - Section 27

A

In OR within view of a public place

Intentionally
and
Obscenely

Exposes any part of his or her genitals

34
Q

Indecent Act in Public Place

Crimes Act 1961 - Section 125

A

Wilfully Does

Any Indecent act

In any place to which the public have or are permitted to have access, OR within view of any such place.

35
Q

Indecent Act with Intent to Insult or Offend

Crimes Act 1961 - Section 126

A

With Intent to Insult or Offend any Person

Does any Indecent Act

In any Place

36
Q

Indecent Assault

Crimes Act 1961 - Section 135

A

Indecently Assaults

Another Person

37
Q

Sexual Violation by Rape

Crimes Act 1961 - Section 128(1)(a)

A

A person who rapes another person.

38
Q

Sexual Violation by Unlawful Sexual Connection

Crimes Act 1961Section 128(1)(b)

A

Any person having unlawful sexual connection with another person.

39
Q

Peeping or peering into a dwelling house

Summary Offences Act 1981, section 30(1)(a)

A

Found

By night

Without reasonable excuse

Peeping or peering

Into a dwelling house

40
Q

Peeping or peering into a dwelling house (Loitering)

Summary Offences Act 1981, section 30(1)(b)

A

Found

By night

Without reasonable excuse

Loitering on any land

On which a dwelling house is situated

41
Q

Possession or Use of a controlled

Misuse of Drugs Act 1975, Section 7(1)(a) & 7(2)(a) or 7(2)(b)

A
Procure
OR Possess
OR Consume
OR Smoke
OR Otherwise use

Any controlled drug

42
Q

Cultivation of Prohibited Plants

Misuse of Drugs Act 1975, Section 9(1) & 9(2)

A

Cultivates

A prohibited plant

43
Q

Permits Use of Premises OR Permits Use of Vehicle

Misuse of Drugs Act 1975, Section 12(1) & 12(2)(a) or 12(2)(b) or 12(2)(c)

A

Knowingly permits

Any premises OR
motor vehicle OR
other mode of conveyance

To be used for the purpose of the commission of an
offence against the Misuse of Drugs Act 1975.

44
Q

Possession of Instruments

Misuse of Drugs Act 1975, Section 13(1)(a) & 13(3)

A

Has in his possession

Any pipe Or
Any utensil

For the purpose of the commission of an offence against the Misuse of Drugs Act 1975

45
Q

Possession of Instruments

Misuse of Drugs Act 1975, Section 13(1)(aa) & 13(3)

A

Has in his possession

Any syringe OR
Any needle

For the purpose of the commission of an offence against the Misuse of Drug’s Act 1975

46
Q

Possession of equipment, material, substances
Misuse of Drugs Act 1975, section 12A(2)(a) OR
12A(2)(b) & 12A(3)(b) or 12A(4)(a)

A

Has in his possession

Any equipment or material capable of being used in, or for, producing or manufacturing a controlled drug or in the cultivation of a prohibited plant
OR Any precursor substance

With intent to use it for
producing/manufacturing /
cultivating a controlled drug