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Criminal Liabilities > Untested > Flashcards

Untested Flashcards

0
Q

Theft (takes)

A

Dishonestly

Without claim of of right

Takes

Any property

With intent to deprive any owner permanently of that property
OR
With intent to deprive any owner permanently of and interest in that property

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1
Q

Peeping or peering into a dwelling house

A

Found

By night

Without reasonable excuse

Peeping or peering

Into a dwelling house

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2
Q

Theft (uses)

A

Dishonesty

Without claim of right

Uses
OR
deals with

Any property

With intent to deprive and owner permanently of that property
OR
with intent to deprive any owner permanently of any interest in that property

After obtaining possession or control of that property in whatever manner

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3
Q

Burglary (having entered)

A

Having entered

Any building
Or
Any ship

Remains without authority

With intent to commit an imprisonable offence in the building
Or
Ship

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4
Q

Dishonesty using a vehicle
OR
Dishonestly taking a vehicle

A

Dishonestly

Without claim of right

But not as to be guilty of theft

Takes
Or
Uses

For any persons purpose

Any vehicle
Or
Any ship
Or
Any aircraft
Or
Any part of any vehicle, ship or aircraft
Or
Any horse
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5
Q

Use of force:

Any force used should be…

A

Reasonable
Justifiable
Proportionate
Necessary

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6
Q

Section 39, Crimes Act 1961

A

Use of force To carry out an arrest or executing a warrant or process

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7
Q

Section 40, Crimes Act 1961

A

Use of force Prevent a person trying to avoid arrest or to escape police custody or rescue after the arrest.

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8
Q

Section 41, Crimes Act 1961

A

Use of force To prevent suicide or certain offences

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9
Q

Section 48, Crimes Act 1961

A

Use of force in self defence of yourself or another person. You must believe this.

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10
Q

Section 62, Crimes Act 1961

A

Everyone authorised to use force is also criminally liable for any excess force used.

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11
Q

Search and Surveillance Act 2012

Section 18

A

Warrantless searches associated with arms:
If you have RGTS that a person who is carrying arms, or is in possession of them under their control AND the person is in breach of the Arms Act 1983
Or
The person, by reason of their physical or mental

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12
Q

Resisting police

A 
Resists
OR
Incites any other person to resist
OR
Encourages any other person to resist

Any constable acting in the execution of their duty

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13
Q

Search and Surveillance Act 2012

Section 125

A 
Power to search a person (RAN)
MUST:
N - name, your name or unique identifier
A - act, in which you are searching
R - reason for the search

MAY:
• Detain the person to enable the search (for as long as reasonably necessary)
• use force that is reasonable for the purpose of the search
• search any item the person is carrying, wearing, in possession of or in their immediate control.
• seize anything according to the above search process that is the subject of the search or maybe lawfully seized.

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14
Q

Section 131, Search and Surveillance Act 2012

A 
Power to search a place, vehicle or other thing
MUST:
N - name, your name and qid
A - act in which you are searching
I - intention to enter and search
R - reason for the search
  • May use reasonable force to effect entry
  • if a Warrantless search search - the act and reason
  • before or on initial entry provide the occupier or person in charge - a copy of the search warrant
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15
Q

Possession of Offensive Weapon

Crimes Act 1961 Section 202A(4)(b)

A

Has in his possession

In any place

Any offensive weapon
OR
Any Disabling substance

In circumstances that prima facie show an intention to use it to commit an offence involving bodily injury or the treat or fear of violence

16
Q

Possession of instruments

Crimes Act 1961, Section 227

A

Without lawful authority or reasonable excuse

Has in his possession

Any instrument capable of being used for taking or converting

Any vehicle
OR
Any ship
OR
Any aircraft

With intent to uses it for such a purpose

17
Q

Dishonest interference with a vehicle

A

Dishonestly

Without claim of right

Interferes with

Any vehicle
OR
Any ship
OR
Any aircraft
18
Q

Offensive behaviour
OR
Disorderly behaviour

A

In a public place
OR
Within view of a public place

Behaves in an offensive manner
OR
Behaves in a disorderly manner

19
Q

Disorderly behaviour likely to cause violence

Summary Offences Act 1981, Section 3

A

In a public place
OR
Within view of a public place

Behaves in a
OR
incites any person to behave in a 
OR
Encourages any person to behave in a
Riotous manner
OR
Offensive manner
OR
Threatening manner
OR
Insulting manner
OR
Disorderly manner

In circumstances that are likely to cause violence to persons or property to start or continue

Criminal Liabilities (5 decks)

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