PROVEN BY Flashcards
TAKES
Physically moves the property.
WITHOUT CLAIM OF RIGHT
No belief in a right to own or possess the property.
DISHONESTLY
Without a belief that there was consent or authority from the owner
INTENTIONALLY
A deliberate act, without lawful justification, excuse or claim of right. ORA reckless act [where the possible consequences are foreseen but continues the act regardless of the risk], without lawful justification, excuse or claim of right.
ANY PART OF ANY BUILDING
Part of any building or structure of any description, whether permanent or temporary; and includes a tent, caravan, or houseboat; and also includes any enclosed yard or any closed cave or closed tunnel.
ANY PART OF ANY SHIP
Part of any vessel used in navigation, however propelled.
WITHOUT AUTHORITY
An absence of authority, either expressed or implied, from a person the defendant believes is legally able to give consent.
HAVING ENTERED
Is physically inside the building or ship.
REMAINS WITHOUT AUTHORITY
Remains when consent to be within the building or ship no longer applies
ACCOMPANIED BY VIOLENCE
Violence before or at the time of the theft
ACCOMPANIED BY THREATS OF VIOLENCE
Threat of violence before or at the time of the theft, demonstrated by conduct or words.
TO ANY PERSON
The person who has been threatened with violence
OR
The person who had violence used against them.
TO ANY PROPERTY
The property that has been threatened with violenceORthe property that had violence used against it
USED TO EXTORT THE PROPERTY STOLEN
The violence or threats used by the offender are sufficient to cause the person to hand over the property against their will.
USED TO PREVENT OR OVERCOME RESISTANCE TO THE PROPERTY BEING STOLEN
The property is taken by the offender after any resistance to its taking has been prevented or overcome.
RECEIVES
Either exclusively or jointly with the thief or any other person has possession or control over anything unlawfully obtained or helps in its concealment or disposal.
ANY PROPERTY STOLEN
Anything whatsoever, whether tangible or intangible, that is the property of any person, has value and has been stolen.
ANY PROPERTY OBTAINED BY ANY OTHER IMPRISONABLE OFFENCE
Anything whatsoever, whether tangible or intangible, that is the property of any person, has value and has been obtained by an imprisonable offence other than theft.
KNOWING THAT THE PROPERTY TO HAVE BEEN STOLEN OR SO OBTAINED
Believing at the time of receiving that the property had been stolen or obtained by any other imprisonable offence.
BEING RECKLESS AS TO WHETHER THE PROPERTY HAD BEEN STOLEN OR SO OBTAINED
Receives the property, despite the person consciously taking an unreasonable risk that the property might be stolen or obtained by any other imprisonable offence.
BUT NOT SO AS TO BE GUILTY OF THEFT
Unable to prove an intention to permanently deprive the owner.
FOR HIS OR HER OWN PURPOSES
OR
ANOTHER PERSONS PURPOSES
For any persons purposes.
ANY VEHICLE
Any type of vehicle.
ANY SHIP
Any vessel used in navigation, however propelled.
ANY AIRCRAFT
Any machine that can derive support in the atmosphere from the reaction of the air.
USES
Gains possession or control of the property, but then exceeds authority or conditions given by the owner by using it in any manner.
DAMAGES
Temporary or permanent reductionin the value and/or usefulness of the property
DAMAGES
Temporary or permanent reduction in the value and/or usefulness of the property
PROPERTY
Something that belongs to another person and is capable of being damaged.
SETS FIRE TO
Damages through use of fire.
ANY TREE OF VEGETATION
Any growing Plant.
FIGHTS
Fighting is punching, striking, mauling, wrestling, etc, between two or more willing participants
PUBLIC PLACE
A place that, at any material time, is open to or is being used by the public, whether free or on payment of a charge, and whether any owner or occupier of the place is lawfully entitled to exclude or eject any person from that place; and includes any aircraft, hovercraft, ship or ferry or other vessel, train, or vehicle carrying or available to carry passengers for reward. Also includes the interior of a vehicle that is in a public place
WITHIN VIEW OF A PUBLIC PLACE
Within view of a place that, at any material time, is open to or is being used by the public, whether free or on payment of a charge, and whether any owner or occupier of the place islawfully entitled to exclude or eject any person from that place; and includes any aircraft, hovercraft, ship or ferry or other vessel, train, or vehicle carrying or available to carry passengers for reward. Also includes the interior of any vehicle which is a public place
BEHAVES IN A OFFENSIVE MANNER
Behaves in a manner arousing feelings of anger, resentment or disgust that causes a disturbance to public order.
BEHAVES IN A DISORDERLY MANNER
Behaves in a seriously disruptive manner that causes a disturbance to public order.
TRESPASSES
Is on another person’s property without authority or permission
ON ANY PLACE
At any physical address
ANY PROPERTY
Anything whatsoever, whether tangible or intangible, that is the property of any person and has value.
USES OR DEALS
Exceeds the authority or conditions given by using or dealing with the property in any manner
WITH THE INTENT TO DEPRIVE ANY OWNER PERMANENTLY OF THE PROPERTY
An intent to deprive the owner permanently of the property
OR
deal with the property in a manner so that it cannot be restored to its original condition.
WITH THE INTENT TO DEPRIVE ANY OWNER PERMANENTLY OF ANY INTEREST IN THE PROPERTY
An intent to deprive the owner permanently of that part of the property to which they have an interest.
AFTER OBTAINING POSSESSION OR CONTROL OF THE PROPERTY IN WHATEVER MANNER
Obtained possession or control of that property for himself/herself or any other person
ANOTHER PERSON
It has to be another person other than the offender.
USING ANY THING AS WEAPON
An object of some sort, whether animate or inanimate, must be used as a weapon.
HAVING ANYTHING WITH HIM OR HER IN THE CIRCUMSTANCES THAT PRIMA FACIE SHOW AN INTENTION TO USE IT AS A WEAPON
An object of some sort, whether animate or inanimate, must be either on the offender or reasonably available to them. The circumstances must be sufficient to show an intention to use the object as a weapon.
