PROVEN BY

Question 1

TAKES

Answer 1

Physically moves the property.

Question 2

WITHOUT CLAIM OF RIGHT

Answer 2

No belief in a right to own or possess the property.

Question 3

DISHONESTLY

Answer 3

Without a belief that there was consent or authority from the owner

Question 4

INTENTIONALLY

Answer 4

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.

Question 5

ANY PART OF ANY BUILDING

Answer 5

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.

Question 6

ANY PART OF ANY SHIP

Answer 6

Part of any vessel used in navigation, however propelled.

Question 7

WITHOUT AUTHORITY

Answer 7

An absence of authority, either expressed or implied, from a person the defendant believes is legally able to give consent.

Question 8

HAVING ENTERED

Answer 8

Is physically inside the building or ship.

Question 9

REMAINS WITHOUT AUTHORITY

Answer 9

Remains when consent to be within the building or ship no longer applies

Question 10

ACCOMPANIED BY VIOLENCE

Answer 10

Violence before or at the time of the theft

Question 11

ACCOMPANIED BY THREATS OF VIOLENCE

Answer 11

Threat of violence before or at the time of the theft, demonstrated by conduct or words.

Question 12

TO ANY PERSON

Answer 12

The person who has been threatened with violence
OR
The person who had violence used against them.

Question 13

TO ANY PROPERTY

Answer 13

The property that has been threatened with violenceORthe property that had violence used against it

Question 14

USED TO EXTORT THE PROPERTY STOLEN

Answer 14

The violence or threats used by the offender are sufficient to cause the person to hand over the property against their will.

Question 15

USED TO PREVENT OR OVERCOME RESISTANCE TO THE PROPERTY BEING STOLEN

Answer 15

The property is taken by the offender after any resistance to its taking has been prevented or overcome.

Question 16

RECEIVES

Answer 16

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.

Question 17

ANY PROPERTY STOLEN

Answer 17

Anything whatsoever, whether tangible or intangible, that is the property of any person, has value and has been stolen.

Question 18

ANY PROPERTY OBTAINED BY ANY OTHER IMPRISONABLE OFFENCE

Answer 18

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.

Question 19

KNOWING THAT THE PROPERTY TO HAVE BEEN STOLEN OR SO OBTAINED

Answer 19

Believing at the time of receiving that the property had been stolen or obtained by any other imprisonable offence.

Question 20

BEING RECKLESS AS TO WHETHER THE PROPERTY HAD BEEN STOLEN OR SO OBTAINED

Answer 20

Receives the property, despite the person consciously taking an unreasonable risk that the property might be stolen or obtained by any other imprisonable offence.

Question 21

BUT NOT SO AS TO BE GUILTY OF THEFT

Answer 21

Unable to prove an intention to permanently deprive the owner.

Question 22

FOR HIS OR HER OWN PURPOSES
OR
ANOTHER PERSONS PURPOSES

Answer 22

For any persons purposes.

Question 23

ANY VEHICLE

Answer 23

Any type of vehicle.

Question 24

ANY SHIP

Answer 24

Any vessel used in navigation, however propelled.

Question 25

ANY AIRCRAFT

Answer 25

Any machine that can derive support in the atmosphere from the reaction of the air.

Question 26

USES

Answer 26

Gains possession or control of the property, but then exceeds authority or conditions given by the owner by using it in any manner.

Question 27

DAMAGES

Answer 27

Temporary or permanent reductionin the value and/or usefulness of the property

Question 28

DAMAGES

Answer 28

Temporary or permanent reduction in the value and/or usefulness of the property

Question 29

PROPERTY

Answer 29

Something that belongs to another person and is capable of being damaged.

Question 30

SETS FIRE TO

Answer 30

Damages through use of fire.

Question 31

ANY TREE OF VEGETATION

Answer 31

Any growing Plant.

Question 32

FIGHTS

Answer 32

Fighting is punching, striking, mauling, wrestling, etc, between two or more willing participants

Question 33

PUBLIC PLACE

Answer 33

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

Question 34

WITHIN VIEW OF A PUBLIC PLACE

Answer 34

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

Question 35

BEHAVES IN A OFFENSIVE MANNER

Answer 35

Behaves in a manner arousing feelings of anger, resentment or disgust that causes a disturbance to public order.

Question 36

BEHAVES IN A DISORDERLY MANNER

Answer 36

Behaves in a seriously disruptive manner that causes a disturbance to public order.

Question 37

TRESPASSES

Answer 37

Is on another person’s property without authority or permission

Question 38

ON ANY PLACE

Answer 38

At any physical address

Question 39

ANY PROPERTY

Answer 39

Anything whatsoever, whether tangible or intangible, that is the property of any person and has value.

Question 40

USES OR DEALS

Answer 40

Exceeds the authority or conditions given by using or dealing with the property in any manner

Question 41

WITH THE INTENT TO DEPRIVE ANY OWNER PERMANENTLY OF THE PROPERTY

Answer 41

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.

Question 42

WITH THE INTENT TO DEPRIVE ANY OWNER PERMANENTLY OF ANY INTEREST IN THE PROPERTY

Answer 42

An intent to deprive the owner permanently of that part of the property to which they have an interest.

Question 43

AFTER OBTAINING POSSESSION OR CONTROL OF THE PROPERTY IN WHATEVER MANNER

Answer 43

Obtained possession or control of that property for himself/herself or any other person

Question 44

ANOTHER PERSON

Answer 44

It has to be another person other than the offender.

Question 45

USING ANY THING AS WEAPON

Answer 45

An object of some sort, whether animate or inanimate, must be used as a weapon.

Question 46

HAVING ANYTHING WITH HIM OR HER IN THE CIRCUMSTANCES THAT PRIMA FACIE SHOW AN INTENTION TO USE IT AS A WEAPON

Answer 46

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.