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378 > Quick Offence Elements Study > Flashcards

Quick Offence Elements Study Flashcards

1
Q

Assault

A

Assaults

Another person

Crimes Act 1961 Section 196
Summary Offences Act 1981 Section 9

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2
Q

Wilful Damage

A

Intentionally

Damages

Property

Summary Offences Act 1981 Section 11(1)(a)

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3
Q

Burglary

A

Enters

Any building/enclosed yard or any ship or any part of a building or any part of a ship

Without authority

With intent to commit an imprisonable offence in a building or in a ship.

Crimes Act 1961 Section 231(1)(a)

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4
Q

Being found on a property without a reasonable excuse(building/transport)

A

Found

Without reasonable excuse

In or on

Any building or aircraft or hovercraft or ship/ferry/other vessel, or train or vehicle

Summary Offences Act 1981 Section 29(1)(a) or 29(1)(c)

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5
Q

Being found on property without reasonable excuse (enclosed yard area)

A

Found

Without reasonable excuse

In

Enclosed yard or other such area

Summary Offences Act 1981 Section 29(1)(b)

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6
Q

Associated offences

A

Found

In any public place

Behaving in a manner from which it can be reasonably inferred that the person is

Preparing to commit an imprisonable offence

Summary Offences Act Section 28

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7
Q

Theft

A

Dishonestly

Without claim of right

Takes

Any property

With intent to deprive any owner permanently of that property

Crimes Act 1961 Section 219(1)(a) & 223(b) or 223(c) or 223(d)

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8
Q

Robbery

A

Theft

Accompanied by violence or threats of violence

To any person or any property

Used to extort the property stolen or
To prevent or overcome resistance to the property being stolen

Crimes Act 1961 Section 234(1) & (2)

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9
Q

Aggravated robbery

A

A person robs any person and, at the time, before, or after the robbery, causes grievous bodily harm to any person or

Being together with any other person or persons, robs any person or

A person and with an offensive weapon or instrument (which includes a firearm), robs any other person

Crimes Act 1961 Section 235

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10
Q

Assaults with intent to rob

A

Assault with intent to rob is where a person assault a person with intention to rob them, but no thief takes place, so therefore robbery is not complete

Crimes Act 1961 Section 236

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11
Q

Receiving stolen property

A

Receives

Any stolen property or any property obtained by any imprisonable offence

Knowing that property to have been stolen/so obtained or being reckless as to whether the property had been stolen/so obtained

Crimes Act 1961 Section 226(1)(a) or (b) or (c)

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12
Q

Vehicle Offences
Unlawfully takes vehicle

A

Dishonestly

Without claim of right

But not so as to be guilty of theft

Takes

For his or her own purposes or another person’s purposes

Any vehicle/any ship/any aircraft/any part of any vehicle, ship, or aircraft/any horse

Crimes Act 1961 Section 226(1)(a) or(b) or(c)

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13
Q

Vehicle Offences
Unlawfully interferes with vehicle

A

Dishonestly

Without claim of right

Interferes with

Any vehicle/any ship/any aircraft

Crimes Act 1961 Section 226(2)

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14
Q

Vehicle Offences
Unlawfully getting into or upon

A

Dishonestly

Without claim of right

Gets into/upon

Any vehicle/any ship/any aircraft

Crimes Act 1961 Section 226 (2)

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15
Q

Fighting and Disorder Offences
Fighting a public place

A

Fights

In public place

Summary Offences Act 1981 Section 7

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16
Q

Fighting and Disorder Offences
Offensive or disorderly behaviour

A

In a public place or within view of a public place

Behaves in an offensive manner behaves and disorderly manner.

Summary Offences Act 1981 Section 4 (1)(a)

17
Q

Fighting and Disorder Offences
Excreting in a public place

A

Urinates or defecates

In any public place other than a toilet.

Summary Offences Act 1981 Section 32(1)

18
Q

Resisting or Obstructing
Resisting police

A

Resists or incites/encourages any other person to resist?

Any constable or authorised officer or traffic officer acting in the execution of their duty

Summary Offences Act 1981 Section 23 (a)

19
Q

Resisting or Obstructing
Obstructing police

A

Intentionally obstruct or incites/encourages any other person to obstruct

Any constable or authorised officer or traffic officer acting in the execution of their duty

Summary Offences Act 1981 Section 23 (a)

20
Q

Trespass
After warning to leave

A

Trespasses.

On any place

After being worn to leave that place by the occupier of that place

Neglects or refuses to do so

Trespass Act 1980 Section 3(1) & 11(2)(a)

21
Q

Trespass
After previous warnings

A

Being a person who has been warned under section 4 to stay off any place

Wilfully trespasses on that place.

Within two years

Trespass Act 1980 Section 4(4) & 11(2)(a)

378 (13 decks)

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