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Police Study > Offences: OF > Flashcards

Offences: OF Flashcards

Study elements of Offences plus various related info

1
Q

Wilful Damage, Tagging and Graffiti Vandalism - Act?

A

Summary Offences Act 1981, S 11(1)(a)(b)

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2
Q

Wilful Damage, Tagging and Graffiti Vandalism - Penalty?

A

3 months jail/$2000 fine

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3
Q

Wilful Damage, Tagging and Graffiti Vandalism - Time to commence prosecution?

A

Summary Offences Act - 6 months.

Crimes Act - no time limit.

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4
Q

Crimes Act 1961, s39

A

Force used in executing process or in arrest

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5
Q

Crimes Act 1961, s40

A

Police or anyone authorised use force, preventing escape or rescue.

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6
Q

Crimes Act 1961, s41

A

Anyone use force, prevention of suicide or certain offences.

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7
Q

Crimes Act 1961, s42

A

Anyone use force, prevention breach of the peace.

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8
Q

Crimes Act 1961, s48

A

Anyone use of force, self defence.

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9
Q

Crimes Act 1961, s62

A

Excess use of force, criminally responsible for any unreasonable, unnecessary or unjustifiable use of force.

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10
Q

Common Assault - Act?

A

Crimes Act 1961, s196

Summary Offences Act 1981, s9

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11
Q

Assault - Types of assault?

A

Direct, Indirect, Conditional, Transferred Malice.

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12
Q

Assault - Factors to consider what assault charge?

A

The intent - scare, ignore kill.
Weapon or degree of force used - sharp or weapon used.
Injury recieved - injured, wound, killed.

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13
Q

Common Assault - penaty?

A

SO Act - 6 months/ fine $4000

C Act - 1 year

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14
Q

Assault - Strangulation or suffocation - types?

A

Asphyxia - external force on the neck causing closure of blood or air flow.
Suffocation - blocking noise and/or month.

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15
Q

Assault - Strangulation or suffocation - penalty?

A

7 years

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16
Q

Assault - Strangulation or suffocation - Act?

A

Crimes Act 1961, s 189A

17
Q

Crimes Act 1961, s 59

A

Parents use of force, for correction.

Not smacking.

18
Q

Aggravated Robbery. CA 1961, s235?

A

Robs someone:

  • and causes GBH at time, before or after.
  • Armed with a weapon.
  • With multiple offenders.
19
Q

What makes an Aggravated Burglary?

A
  • while committing has/uses weapon.

- having committed has weapon on them while still in building/ship.

20
Q

Assault with intent to rob. CA 1961, s236 - Penalty?

A

7 years.

21
Q

Assault with intent to rob. CA 1961, s236?

A

Assaults with intent to rob, but no theft takes place.

22
Q

Demanding with intent to steal. CA 1961, s239(2) - Penalty?

A

7 years.

23
Q

Demanding with intent to steal. CA 1961, s239(2)?

A

Menaces or by threat, demands any property from any person, with intent to steal it.

24
Q

Aggravated Robbery. CA 1961, s235 - Penalty?

A

14 years.

25
Q

Doctrine of recent possession means?

A

Someone found in possession of recently stolen property, is enough evidence to say they are the thief or dishonest receiver.

26
Q

Disorderly behaviour likely to cause violence. Summary Offences Act 1981, s3?

A

Behaving in such a way (offensive, threatening, insulting, riotous) that it causes the victim to react in a violent way towards person or property.

27
Q

Attempting to commit an offence 3 conditions to prove?

A
  1. Intent (Mens Rea)
  2. Act (Actus Reus)
  3. Proximate (trying to complete the full offence)
28
Q

Power to search for offensive weapon in ‘public place’ vs ‘any place’?

A

Public place: Use SASA 2012, s27(person, offensice wpn, PP) or s28 (vehicle, offensive wpn, PP).

Any place: only after arrest/detain use SASA 1961, s88 search for anything that is evidence, can harm or help escape.

29
Q

CA 1961, s66(1) - Everyone is a party to, and guilty of an offence who?

A
  • commits offence
  • aid any person to commit offence
  • abets “ “
  • incites, counsels or procures a person to commit offence
30
Q

CA 1961, s66(2) - everyone who has common intention to commit offence?

A

Two or more pers form common intention to do crime & assist each other,
Guilty of each other’s offences
If Agree to do whatever necessary

Penalty same as if they had actually committed

31
Q

Assault - Strangulation or suffocation - Elements?

A

Intentionally or recklessly impedes someone’s normal breathing, blood circulation, or both, manually or using an aid.

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