Offences: OF Flashcards
Study elements of Offences plus various related info
Wilful Damage, Tagging and Graffiti Vandalism - Act?
Summary Offences Act 1981, S 11(1)(a)(b)
Wilful Damage, Tagging and Graffiti Vandalism - Penalty?
3 months jail/$2000 fine
Wilful Damage, Tagging and Graffiti Vandalism - Time to commence prosecution?
Summary Offences Act - 6 months.
Crimes Act - no time limit.
Crimes Act 1961, s39
Force used in executing process or in arrest
Crimes Act 1961, s40
Police or anyone authorised use force, preventing escape or rescue.
Crimes Act 1961, s41
Anyone use force, prevention of suicide or certain offences.
Crimes Act 1961, s42
Anyone use force, prevention breach of the peace.
Crimes Act 1961, s48
Anyone use of force, self defence.
Crimes Act 1961, s62
Excess use of force, criminally responsible for any unreasonable, unnecessary or unjustifiable use of force.
Common Assault - Act?
Crimes Act 1961, s196
Summary Offences Act 1981, s9
Assault - Types of assault?
Direct, Indirect, Conditional, Transferred Malice.
Assault - Factors to consider what assault charge?
The intent - scare, ignore kill.
Weapon or degree of force used - sharp or weapon used.
Injury recieved - injured, wound, killed.
Common Assault - penaty?
SO Act - 6 months/ fine $4000
C Act - 1 year
Assault - Strangulation or suffocation - types?
Asphyxia - external force on the neck causing closure of blood or air flow.
Suffocation - blocking noise and/or month.
Assault - Strangulation or suffocation - penalty?
7 years
Assault - Strangulation or suffocation - Act?
Crimes Act 1961, s 189A
Crimes Act 1961, s 59
Parents use of force, for correction.
Not smacking.
Aggravated Robbery. CA 1961, s235?
Robs someone:
- and causes GBH at time, before or after.
- Armed with a weapon.
- With multiple offenders.
What makes an Aggravated Burglary?
- while committing has/uses weapon.
- having committed has weapon on them while still in building/ship.
Assault with intent to rob. CA 1961, s236 - Penalty?
7 years.
Assault with intent to rob. CA 1961, s236?
Assaults with intent to rob, but no theft takes place.
Demanding with intent to steal. CA 1961, s239(2) - Penalty?
7 years.
Demanding with intent to steal. CA 1961, s239(2)?
Menaces or by threat, demands any property from any person, with intent to steal it.
Aggravated Robbery. CA 1961, s235 - Penalty?
14 years.
Doctrine of recent possession means?
Someone found in possession of recently stolen property, is enough evidence to say they are the thief or dishonest receiver.
Disorderly behaviour likely to cause violence. Summary Offences Act 1981, s3?
Behaving in such a way (offensive, threatening, insulting, riotous) that it causes the victim to react in a violent way towards person or property.
Attempting to commit an offence 3 conditions to prove?
- Intent (Mens Rea)
- Act (Actus Reus)
- Proximate (trying to complete the full offence)
Power to search for offensive weapon in ‘public place’ vs ‘any place’?
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.
CA 1961, s66(1) - Everyone is a party to, and guilty of an offence who?
- commits offence
- aid any person to commit offence
- abets “ “
- incites, counsels or procures a person to commit offence
CA 1961, s66(2) - everyone who has common intention to commit offence?
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
Assault - Strangulation or suffocation - Elements?
Intentionally or recklessly impedes someone’s normal breathing, blood circulation, or both, manually or using an aid.
