Other Related Offences Flashcards
Interfering or tampering with motor vehicle
a person who, without just cause or excuse, tampers or interferes with a motor vehicle owner by any other person is guilty of an offence (summary offence under road safety act)
And the accused has the burden of proving just cause or excuse
PENALTY: 2 penalty units or imprisonment for 14 days
Points of proof? With vehicle
Identity, tampers or interferes, motor vehicle (owned by another person)
Define robbery crimes act S75
A person is guilty of robbery if he steals, immediately before or at the time of doing so, and in order to do so, he uses force or any other person or puts or steaks to put any person in fear that he or another person will then and there be subjected to force
Power of arrest for robbery?
Indictable offence, using s459 crimes act
Points of proof with robbery?
Same as theft= I, D, A, P, B, I
-Also use of force or fear or threat of impending force to any person IN ORDER TO STEAL (must be immediately before or at time of)
What 3 key elements which must be proven for the offence of robbery?
The accused person stole something
Immediately before or at the time of theft using force
Accused did so in order to commit theft
Define armed robbery section 75a CA?
A person is guilty of armed robbery if he commits any robbery and at the tjme has with him a firearm, imitation firearm, offensive weapon, explosive or imitation explosive within the meaning assigned to those terms for purposes of section 77(1)
Power of arrest for armed robbery?
Indictable offence, use S459 CA
Points of proof for armed robbery
Same as robbery
Has with him/her at the time
-firearm or imitation firearm
-offensive weapon
-explosive or imitation explosive
What is section 88 (1) Crimes Act
A person handling stolen goods if knowing or believing them to be stolen good he dishonestly receives the goods or brings them into Victoria or assisted with retention, removal, disposal or realisation by or benefit for another
What four elements which need to be proven for handle stolen goods?
-Accused handled goods
- the goods were stolen at the time
-the accused knew or believed at the time they handled the goods that they were stolen
-the accused handling of goods was dishonest
Points that support guilty knowledge or belief of confirming stolen goods which are?
-Purchase at very low price
-failure to explain possession of the property
-denial of possession after being found
-hiding, altering or disguising
-removal labels
