OFFENCES/OAs Flashcards
What are the elements for assault?
Assaults
Another person
What are the elements for wilful damage?
Intentionally
Damages
Property
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Intentionally
Sets fire to
Any tree or vegetation
What are the elements to be found on property without reasonable excuse?
Found
Without reasonable excuse
In or on
Any building, aircraft, hovercraft, ship or ferry or other vessel Or any train or any vehicle
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Found
Without reasonable excuse
In
Any enclosed yard or other such area
What are the elements to trespass after warning to leave?
Tress passes
On anyplace
After being warned to leave that place by an occupier of that place
Neglects or refuses to do so
What are the elements to trespass after previous warnings?
Being a person who has been warned under section 4 to stay of any place
Wilfully trespasses on that place
Within two years
What are the elements of theft by taking?
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
What are the elements to theft by using or dealing?
Dishonestly
Without claim of right
Uses or deals with
Any property
With intent to deprive any owner permanently of the 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
What are the elements of burglary?
Enters
Any building or any ship or any part of a building or any part of a ship
Without authority
With intent to commit and impressionable offence in the building OR With intent to commit and impressionable offence in a ship
What are the elements of burglary having entered?
Having entered
Any building OR any ship
Remains without authority
With intent to commit and impressionable offence in the building OR With intent to commit an impressionable offence in the ship
What are the elements of excreting in a public place?
Urinates OR defecates
In any public place
What are the elements of fighting in a public place?
Fights
In a public place
What are the elements of offensive OR disorderly behaviour?
In a public place OR within view of a public place
Behaves in an offensive manner OR behaves in a disorderly manner
What are the elements of resisting POLICE?
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 the duty
What are the elements of obstruction?
Intentionally obstructs OR insights or encourages any other person to obstruct
Any constable or authorised officer or prison officer or traffic officer acting in the execution of the duty
What are the elements of possession offensive weapons or disabling substances IN A PUBLIC PLACE?
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
What are the elements of possession of offensive weapons or disabling substances IN ANY PLACE?
Has in his or her position
In any please
Any offensive weapon or any disabling substance
In circumstances that prima facie show an attention to use it to commit offence involving bodily injury or the threat of fear of violence
What are the elements for possession of knives?
In a public place
Without reasonable excuse
Has any knife
In his or her possession
What are the elements for robbery?
Theft
Accompanied by violence OR 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
What are the elements to receiving?
Receives
Any property stolen OR any property obtained by any other imprisonable offence
Knowing the property to be stolen also obtained or being reckless as to whether the property had been stolen or so obtained
What are the elements to unlawfully takes vehicle?
Dishonestly
Without claim of right
But not so as to be guilty of theft
Takes
For his or her own purposes OR another persons purposes
Any vehicle OR any ship OR any aircraft OR any part of any vehicle, ship or aircraft OR any horse
What are the elements to unlawful uses vehicle?
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 any ship OR any aircraft OR any part of any vehicle, ship or aircraft OR any horse
What are the elements to unlawful interferes with vehicle?
Dishonestly
Without claim of right
Interferes with
Any vehicle OR any ship OR any aircraft
What are the elements to unlawfully getting into OR upon?
Dishonestly
Without claim of right
Gets into OR gets upon
Any vehicle OR any ship OR any aircraft
What is the definition of a public place?
A place that at any material time
Is open to, or being used by the public
Wither free or on payment of charge
and whether any owner or occupier of the place is lawfully entitled to exclude or reject the person from that place
And includes any Vehicle
That is carrying or available to carry passages for reward
It includes the interior of any vehicle which is in a public place
What is the definition of dishonestly?
Without a belief that there was consent or authority from the owner.
What is the definition of without claim of right?
No belief in a right to own or possess the property.
What are the elements to unlawful carriage OR possession of a firearm OR air gun OR pistol OR prohibited magazine OR restricted weapon OR explosive?
Except for some lawful, proper and sufficient purpose
Carries OR is in possession of any
Firearm OR airgun OR pistol OR prohibited magazine OR restricted weapon OR explosives
What are the elements to unlawful possession of prohibited firearm?
In possession of
A prohibited firearm
Not authorised or permitted to be in possession by the act
What are the elements to caring an imitation firearm?
Except for some lawful, proper and sufficient purpose
Carries
And imitation firearm
What are the elements to discharging firearm OR airgun OR pistol OR restricted weapon in on near a dwelling house or public place?
Without reasonable cause
Discharges
Our 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
What are the elements to presenting a firearm at another person?
Except for some lawful insufficient purpose
Presents
Firearm (Other than a habited firearm) OR airgun OR pistol OR restricted weapon
At any other person
What are the elements to presenting anything?
Except for some lawful and sufficient purpose
Presents
At any other person
Anything
In circumstances, is likely to lead to that person to believe that is a firearm (other than a prohibited farm) OR airgun OR pistol OR restricted weapon
What are the elements for indecent exposure?
In OR within view of a public place
Intentionally and obscenely
Exposes any part of his or her genitals
What are the elements to indecent act in public place?
Wilfully does
Any indecent act
I’m any place to which the public have or are permitted to have access
OR
Within view of any place to which the public have or are permitted to have access
What are the elements to indecent act with intent to insult or offend?
With intent to insult or offend any person
Does any indecent act
In any place
What are the elements to indecent assault?
Indecently
Assaults
Another person
What are the elements to possession OR use of controlled drugs?
Procure OR possess OR consume OR smoke OR otherwise use
Any controlled drug
What are the elements to cultivation of prohibitived plants?
Cultivates
A prohibited plant
What are the elements to permits use of premise or vehicle?
Knowingly permits
Any premise OR any motor vehicle OR any other mode of convenience
To be used for the purpose of commission of an offence against the misuse of drugs at 1975
What are the elements to possession of instruments?
Has in his position
Any pipe or any utensil
For the purpose of the commission of an offence against the misuse of drugs act 1975
