Property Crimes Flashcards
define destroy
to cause something to end or no longer exist
to cause the destruction of something
to damage something so badly that it cannot be repaired
define injure
Injure means to harm, impair, inflict damage. The damage can be repaired
what is the exact definition for motor vehicle stealing
Subject to subsection (2) , a person who drives or uses a motor vehicle without the consent of the owner or registered operator of the vehicle or of some person who is lawfully in charge of the vehicle and has authority to give that consent is guilty of the offence of motor vehicle stealing.
(2) Subsection (1) does not apply to or in relation to the driving or use of a motor vehicle by a police officer or an authorized officer acting in the execution of his duty.
what is burglary
Any person who enters any place to which this chapter applies as a trespasser, or by means of any threat, artifice, or collusion, with intent to commit a crime therein, is guilty of a crime, which is called burglary
what is aggravated burglary
Aggravated burglary is burglary and at the time of the offence
- The person has with them any offensive weapon or instrument or any explosive substance
- The place in relation to which the burglary is committed is being used or ordinarily used for the purpose of human habitation
Uses or offers violence to any person, deprives any person of their liberty or otherwise assaults any person
- While committing the burglary
- While the person is still in or is leaving that place in relation to where the burglary was committed
what is a robbery
A person who steals anything and, immediately before, at, or immediately after the time of stealing that thing, uses or threatens to use violence to any person or property in order to obtain that thing or to prevent or overcome resistance to the stealing of that thing
what is agg robbery
Committing robbery with more than one person and/or causing bodily harm immediately before, at or after
what is armed robbery
Committing a robbery with a firearm or other dangerous article
what is agg armed robbery
Committing robbery with more than one person and/or causing bodily harm immediately before, at or after
and committing a robbery with a firearm or other dangerous article
POA for robbery
reasonable grounds
What is the difference between stealing and make off without payment?
Make off without payment is for goods or services that you have received that require on the spot payment (gone out for dinner and eaten the food, taxi, hairdresser) those things can’t be given back. Whereas stealing is stealing of tangible items, the items can be returned.
how to link people to crimes
- DNA
- Fingerprints
- CCTV
- Witnesses
- Catching the person in the act
- Admissions or confessions
- Circumstantial evidence
what is criminal responsibility
criminal responsibility refers to a person’s ability to understand his or her conduct at the time a crime is committed. Intentional and voluntary act.
Points of proof - unlawful possession
- That the defendant was found in possession OR control of the property
- That at the time of the finding the property was supposed by a police officer to be stolen or unlawfully obtained
- That such supposition was reasonable
What is the statute of limitations for motor vehicle stealing
12 months
What is the statute of limitations for injure/destroy property
both 12 months
Tampering with a motor vehicle statute of limitations
6 months
who in a stolen motor vehicle can be charged
- The driver
- The passengers if they know that the vehicle is stolen
What are the statutes of limitations for the Criminal Code and the Police Offences Act fire related charges?
Criminal code- unlimited
Police Offences Act- 12 months
Indicators that someone has unlawful possession of something
Have reasonable belief that the person has possession of something unlawfully
- Multiple items when they shouldn’t have them (4 chainsaws)
- Unemployed and have a $10,000 watch or something expensive
- Items hidden in unusual places in the house (chainsaws in the bedroom under the bed)
- Serial numbers rubbed off (power tools)
points of proof - unlawful possession
- property is stolen
- in the persons possession or control
POA - stealing
- found offending
- reasonable grounds
what is make off without payment
A person who knows that on the spot payment for goods supplied or services done is required from that person shall not dishonestly make off without having payed as expected
What are the elements that must be established for fire related crimes
- There was a fire with a change in the chemical composition of the substance that was burnt
- The fire was caused wilfully and unlawfully
- The accused was responsible for that activity
key elements of stealing
- Person
- Without consent of the owner
- Dishonesty
- Takes
- Anything capable of being stolen
- With the intention to permanently deprive the owner
what is causing a fire with the intent to injure person/property
powers - attempting burg
stop, detain, search, seize
arrest powers - destroy/injure property
found offending
what is carjacking
Assault a person with intent to take a motor vehicle and without consent of the owner of the vehicle or takes and drives it or takes it for the purpose of driving it; or who, without having the consent of the owner, or the person in lawful possession, of a motor vehicle takes and drives it; or takes it for the purpose of driving it – when a person, other than a person with whom the perpetrator is in company, is in or on the vehicle
POA - reasonable grounds
powers of arrest - computer related fraud
Tampering with motor vehicle
Reasonable grounds - stop, detain, search, seize
Trying car door handles
Can’t prove the intent for burg but they have gained entry to the vehicle
