Offences / OA / Proven bys Flashcards
Summary Offences Act 1981 Section 11(1)(a) - Wilful Damage (Property)
SOA 1981 s.11(1)(a) - Wilful Damage (Property)
- Intentionally
- Damages
- Property
Summary Offences Act 1981 Section 11(1)(b) - Wilful Damage (Vegetation)
SOA 1981 s.11(1)(b) - Wilful Damage (Vegetation)
- Intentionally
- Sets fire to
- Any tree or vegetation
Crimes Act 1961 Section 219(1)(a) - Theft (Takes)
CA 1961 s.219(1)(a) - Theft (Takes)
- Dishonestly
- Without claim of right
- Takes
- Any property
- With intent to deprive any owner permanently of that property
Crimes Act 1961 Section 219(1)(b) - Theft (Uses or deals with)
CA 1961 s.219(1)(b) - Theft (Uses or deals with)
- Dishonestly
- Without claim of right
- Uses or deals with
- Any property
- With intent to deprive any owner permanently of that property
- After obtaining possession or control of that property in whatever manner
Crimes Act 1961 Section 196 / Summary Offences Act 1981 Section 9 - Common Assault
CA 1961 s.196 OR SOA 1981 s.9 - Common Assault
- Assaults
- Another person
Crimes Act 1961 Section 202 - Assault with a weapon
CA 1961 s.202 - Assault with a weapon
- Assaults
- Another person
- Using anything as a weapon
OR
- Having anything with them in the circumstances that prima facie show an intention to use it as a weapon
Crimes Act 1961 Section 231(1)(a) - Burglary (Enters)
CA 1961 s.231(1)(a) - Burglary (Enters)
- Enters
- Any building OR Any Ship OR Any part of any building OR Any part of any ship
- Without authority
- With intent to commit an imprisonable offence within that building OR ship
Crimes Act 1961 Section 231(1)(b) - Burglary (Having Entered)
CA 1961 s.231(1)(b) - Burglary (Having Entered)
- Having entered
- Any Building OR Any ship
- Remains without authority
- With intent to commit and imprisonable offence within that building OR ship
Crimes Act 1961 Section 234 - Robbery
CA 1961 s.234 - Robbery
- Theft
- Accompanied by violence
OR - Accompanied by 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
Summary Offences Act 1981 Section 7 - Fighting in public place
SOA 1981 s.7 - Fighting in a public place
- Fights
- In a public place
Crimes Act 1961 Section 226 - Unlawful Takes
CA 1961 s.226 - Unlawful Takes
- Dishonestly
- Without claim of right
- But not so as to be guilty of theft
- Takes
- For any person’s purpose
- Any vehicle OR Any ship OR Any aircraft OR Any part of any vehicle, ship or aircraft OR Any horse
Crimes Act 1961 Section 226(1) - Unlawful Uses
CA 1961 s.226(1) - Unlawful Uses
- Dishonestly
- Without claim of right
- But not so as to be guilty of theft
- Uses
- For any person’s purpose
- Any vehicle OR Any ship OR Any aircraft OR Any part of any vehicle, ship or aircraft OR Any horse
Crimes Act 1961 Section 226(2) - Unlawful interferes with
CA 1961 s.226(2) - Unlawful interferes with
- Dishonestly
- Without right of claim
- Interferes with
- Any vehicle OR Any ship OR Any aircraft
Crimes Act 1961 Section 226(2) - Unlawful Gets into OR Upon
CA 1961 s.226(2) - Unlawful Gets into OR Upon
- Dishonestly
- Without claim of right
- Gets into
OR - Gets upon
Any vehicle OR Any ship OR Any aircraft
Crimes Act 1961 Section 202A(4)(a) - Possession of Offensive Weapons or Disabling Substances (P/P)
CA 1961 s.202A(4)(a) - Possession of Offensive Weapons or Disabling Substances (P/P)
- W/out lawful authority or reasonable excuse
- Has with him or her
- In any public place
- Any knife OR - Any offensive weapon (Made, altered, intended) OR - Any disabling substance
Crimes Act 1961 Section 202A(4)(b) - Possession of Offensive Weapons or Disabling Substances (Any Place)
CA 1961 s.202A(4)(b) - Possession of Offensive Weapons or Disabling Substances (Any Place)
- Has in his or her possession
- In any place
- Any offensive weapon (Capable)
OR - Any disabling substance
- In circumstances that prima facie show an intention to use it to commit an offence involving bodily injury or the threat or fear of violence
Summary Offences Act 1981 Section 13A - Possession of Knife
SOA 1981 s.13A - Possession of Knife (P/P)
- In a public place
- Without reasonable excuse
- Has any knife
- In his or her possession
Arms Act 1983 Section 45(1) - Unlawful Carriage OR Possession of a firearm OR etc.
AA 1983 s.45(1) - Unlawful Carriage OR Possession of a firearm OR Airgun OR Pistol OR Prohibited Magazine OR Restricted Weapon OR Explosive
- Except for some lawful, proper and sufficient purpose
- Carries
OR - Is in possession of
- A Firearm OR Airgun OR Pistol OR Prohibited Magazine OR Restricted Weapon OR Explosives
Arms Act 1983 Section 48 - Discharging Firearm OR etc.
AA 1983 s.48 - Discharging firearm OR Airgun OR Pistol OR Restricted Weapon in or near a dwelling house OR public place
- 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 46(1) - Carrying an imitation Firearm
AA 1983 s.46(1) - Carrying an Imitation Firearm
- Except for some lawful, proper and sufficient purpose
- Carries
- An imitation firearm
Arms Act 1983 Section 52(2)
AA 1983 s.52(2) - Presenting Anything
- Except for some lawful and sufficient purpose
- Presents
- Any any other person
- Anything
- In circumstances is likely to lead that person to believe that it is a
- Firearm (other than a prohibited firearm) OR - Airgun OR - Pistol OR - Restricted Weapon
Arms Act 1983 Section 52(1)
AA 1983 s.52(1) - Presenting a firearm at other person
- Except for some lawful and sufficient purpose
- Presents
- Firearm (other than a prohibited firearm) OR - Airgun OR - Pistol OR - Restricted Weapon
- At any other person
Summary Offences Act 1981 Section 27 - Indecent Exposure
SOA 1981 s.27 - Indecent Exposure
- In OR within view of a public place
- Intentionally and obscenely
- Exposes any part of his or her genitals
Crimes Act 1961 Section 135 - Indecent Assault
CA 1961 s.135 - Indecent Assault
- Indecently
- Assaults
- Another Person
Crimes Act 1961 Section 125 - Indecent Act in Public place
CA 1961 s.125 - Indecent Act in Public Place
- 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
Crimes Act 1961 Section 126 - Indecent Act with Intent to Insult or Offend
CA 1961 s.126 - Indecent Act with Intent to Insult or Offend
- With intent to insult or offend any person
- Does any indecent act
- In any place
Crimes Act 1961 Section 128(1)(a) & (b) - Sexual Violation (Rape / Sexual Connection)
CA 1961 s.128(1)(a) - Sexual Violation by Rape
- A person who rapes another person
CA 1961 s.128(1)(b) - Sexual Violation by Unlawful Sexual Connection
- Any person having unlawful sexual connection with another person
Crimes Act 1961 Section 246 & 247 - Receiving stolen property
CA 1961 s.246 & s.247 - Receiving stolen property
- Receives
- Any property stolen
OR - Any property obtained by any other imprisonable offence
- Knowing that property to have been stolen
OR - Being reckless as to whether the property had been stolen or so obtained
Trespass Act 1980 Section 3 - Trespass after warning to leave
TA 1980 s.3 - Trespass after warming to leave
- Trespasses
- On any place
- After being warned to leave that place by an occupier of that place
- Neglects or refuses to do so
Trespass Act 1980 Section 4 - Trespass after previous warnings
TA 1980 s.4 - Trespass after previous warnings
- Being a person who has been warned under Section 4 to stay off any place
- Wilfully trespasses on that place
- Within two years
Dishonestly
Dishonestly
Without belief of
- Consent
- Authority
Without Claim of Right
Without Claim of Right
Without belief to
- Own
- Possess
Without Authority
Without Authority
Without
- Authority
- Expressed/Implied
- By person defendant believes is legally able to give authority
Intentionally
Intentionally
- Deliberate
Without
- Lawful justification
- Excuse
- Claim of right
Assault
Assault
- Intentionally / Attempting - apply force
- Directly / Indirectly
- Threatening / Act / Gesture
- Other believes present ability
Takes
Takes
- Physically moves
Damages
Damages
- Temp/Perm reduction in value/usefulness
Property
Property
- Belongs to another person
- Capable of being damaged
Used to Extort the Property
Used to Extort the Property
- Violence / Threats of violence
- Sufficient to cause hand over against their will
Receives
Receives
- Exclusively/Jointly
- Possession/control
- Unlawfully obtained
- &/or helps in concealment/disposal
Any Tree or Vegetation
Any Tree or Vegetation
- Any growing plant
Without reasonable excuse
Without reasonable excuse
No
- Lawful
- Genuine
- Reasonable
Excuse
Without lawful authority or reasonable excuse
Without lawful authority or reasonable excuse
Without
- Legal right
- Justification
- Authority
- Permission
No - Lawful - Genuine - Reasonable Excuse
