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Wing 359 My Study > Elements > Flashcards

Elements Flashcards

1
Q

Elements of Burglary S231(1) CA1961

A

-Enters
-Any Building
OR
Any Ship
OR
Any part of a building
OR
Any part of a ship
-Without authority
-With intent to commit and imprisonable offence in the building
OR
With intent to commit and imprisonable offence in a ship

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2
Q

Elements of Wilful Damage S11(1)(a) SOA1981

A
  • Intentionally
  • Damages
  • Property
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3
Q

Elements of Wilful Damage S11(1)(b) SOA1981

A
  • Intentionally
  • Sets fire to
  • Any tree or vegetation
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4
Q

Elements of Assault S9 SOA1981 and S196 CA1961

A
  • Assaults

- another person

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5
Q

Elements of Assaults with a Weapon S202C(a) CA1961

A
  • Assaults
  • another person
  • using anything as a weapon
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6
Q

Elements of Assaults with a Weapon S202C(b) CA1961

A
  • while assaulting another person
  • has anything with him or her
  • in circumstances that prima facie show an intent to use it as a weapon
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7
Q

Elements of Theft S219(1)(a) CA1961

A
  • Dishonestly
  • Without Claim of Right
  • Takes
  • Any Property
  • With intent to deprive any owner permanently of that property
    OR
    With intent to deprive any owner permanently of any interest in that property.
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8
Q

Elements of Theft S219(1)(b) CA1961

A
  • Dishonestly
  • without claim of right
  • uses or deals with
  • any property
  • with intent to deprive any 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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9
Q

Elements of Burglary (Having Entered) S231(1)(b) CA1961

A
  • Having entered
  • any building
    OR
    Any ship
  • remains without authority
  • with intent to commit an imprisonable offence in the building
    OR
    with intent to commit an imprisonable offence in the ship
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10
Q

Elements of Robbery S234(1) CA1961

A
  • Theft
  • accompanied by violence
    OR
    accompanied by threats of violence
  • To any person
    OR
    to any property
  • Used to extort the property stolen
    OR
    to prevent or overcome resistance to the property being stolen
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11
Q

Elements of Receiving S246(1) CA1961

A
  • Receives
  • Any property stolen
    OR
    any property obtained by any other imprisonable offence
  • Knowing that property to have been stolen or so obtained
    OR
  • Being reckless as to whether the property had been stolen or so obtained
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12
Q

Elements of Unlawful Takes Vehicle (Conversion of Vehicle)? S226 CA1961

A
  • Dishonestly
  • Without claim of right
  • But not so as to be guilty of theft
  • Takes
  • For his or her own purposes
    OR
    Another persons purposes
  • Any vehicle
    OR
    Any ship
    OR
    Any aircraft
    OR
    Any part of any vehicle, ship or aircraft
    OR
    Any horse
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13
Q

Elements of Unlawful Uses Vehicle (Conversion of Vehicle)? S226 CA1961

A
  • Dishonestly
  • Without claim of right
  • But not so as to be guilty of theft
  • Uses
  • For his or her own purposes
    OR
    Another persons purposes
  • Any vehicle
    OR
    Any ship
    OR
    Any aircraft
    OR
    Any part of any vehicle, ship or aircraft
    OR
    Any horse
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14
Q

Elements of Unlawful Interferes with Vehicle (Conversion of Vehicle)? S226(2) CA1961

A
  • Dishonestly
  • Without claim of right
  • Interferes with
  • Any vehicle
    OR
    Any ship
    OR
    Any aircraft
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15
Q

Elements of Unlawfully Getting Into OR Upon? S226(2) CA1961

A
  • Dishonetly
  • Without claim of right
  • Gets into
    OR
    Gets upon
  • Any vehicle
    OR
    Any ship
    OR
    Any aircraft
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16
Q

Elements of Possession of Instruments? S227 CA1961

A
  • Without lawful authority or 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 use for such a purpose
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17
Q

Elements of Preparing to Commit an Imprisonable Offence? S28 SOA1981

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
18
Q

Elements of Offensive OR Disorderly Behaviour? S4(1)(a) SOA1981

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

Elements of Fighting in a Public Place? S7 SOA1981

A
  • Fights

- In a public place

20
Q

Elements of Excreting in a Public Place? S32(1) SOA1981

A
  • Urinates or defecates

- In any public place

21
Q

Elements of Resisting Police? S23(a) SOA1981

A
  • Resists
    OR
    Incites or encourages any other person to resist
  • Any constable or authorised officer or prison officer or traffic officer acting in the execution of their duty
22
Q

Elements of Obstruction (Resisting Police)? S23(a) SOA1981

A
  • Intentionally obstructs
    OR
    Incites or encourages any other person to obsturct
  • Any constable or authorised officer or prison officer or traffic officer acting in the execution of their duty
23
Q

Elements of Trespass After Warning to Leave? S3(1) TA1980

A
  • Trespasses
  • On any place
  • After being warned to leave that place by an occupier of that place
  • Neglects or refuses to do so
24
Q

Elements of Trespass After Previous Warnings? S4(4) TA1980

A
  • Being a person who has been warned under Section 4 to stay off any place
  • Wilfully trespasses on that place
  • Within 2 years
25
Q

Elements of Being Found on Property Without Reasonable Excuse(Building/Transport)? S29(1)(a) & (c) SOA1981

A
  • Found
  • Without reasonable excuse
  • In
    OR
    On
  • Any building
    OR
    Any aircraft
    OR
    Any hovercraft
    OR
    Any ship, ferry or other vessel
    OR
    Any train
    OR
    Any vehicle
26
Q

Elements of Being Found on Property Without Reasonable Excuse (Enclosed Yard or Area) S29(1)(b) SOA1981

A
  • Found
  • Without reasonable excuse
  • In
  • Any enclosed yard or other such area
27
Q

Elements of Possession of Offensive Weapons or Disabling Substances (Public Place)? S202A(4)(a) CA

A
  • Without lawful authority or reasonable excuse
  • Has with him or her
  • In any public place
  • Any knife
    OR
    Any offensive weapon
    OR
    Any disabling substance
28
Q

Elements of Possession of Offensive Weapons or Disabling Substances (Any Place)? S202A(4)(b) CA1961

A
  • Has in his or her 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 threat or fear of violence
29
Q

Elements of Indecent Exposure? S27 SOA1981

A 
- In a public place
OR
  Within view of a public place
- Intentionally and obscenely 
- Exposes any part of his or her genitals
30
Q

Elements of Indecent Act in Public Place? S125 CA1961

A
  • Wilfully does
  • Any indecent act
  • In any place to which the public have, or are permitted to have access
    OR
    Within view of any such place
31
Q

Elements of Indecent Act with Intent to Insult or Offend? S126 CA1961

A
  • With intent to insult or offend any person
  • Does any indecent act
  • In any place
32
Q

Elements of Indecent Assault? S135 CA1961

A
  • Indecently
  • Assaults
  • Another person
33
Q

Elements of Possession OR Use of Controlled Drugs? S7 MoDA1975

A 
- Procure
OR
  Possess
OR
  Consume
OR
  Smoke
OR
  Otherwise use
- Any controlled drug
34
Q

Elements of Cultivation of Prohibited Plants? S9 MoDA1975

A
  • Cultivates

- A prohibited plant

35
Q

Elements of Permits use of Premises OR

Permits use of Vehicle? S12 MoDA1975

A
  • Knowingly permits
  • Any premises
    OR
    Any motor vehicle
    OR
    Any other mode of conveyance
  • To be used for the purpose of the commission of an offence against the Misuse of Drugs Act 1975
36
Q

Elements of Possession of Instruments? S13 MoDA1975

A
  • Has in his possession
  • Any pipe
    OR
    Any untensil
  • For the purpose of the commission of an offence against the Misuse of Drugs Act 1975.
37
Q

Elements of Unlawful Carriage OR Possession of a Firearm OR Airgun OR Pistol OR Prohibited Magazine OR Restricted Weapon OR Explosive? S45 AA1983

A
  • Except for some lawful, proper and sufficient purpose
  • Carries
    OR
    Is in possession of
  • Firearm
    OR
    Airgun
    OR
    Pistol
    OR
    Prohibited magazine
    OR
    Restricted weapon
    OR
    Explosives
38
Q

Elements of Unlawful Possession of Prohibited Firearm? S50A AA1983

A
  • In possession of
  • A prohibited firearm
  • Not authorised or permitted to be in possession by the Act
39
Q

Elements of Carrying an Imitation Firearm? S49 AA1983

A
  • Except for some lawful, proper and sufficient purpose
  • Carries
  • An imitation firearm
40
Q

Elements of Discharging Firearm OR Airgun OR Pistol OR Restricted Weapon in or near a dwelling house OR public place? S48 AA1983

A
  • Without reasonable cause
  • Discharges
  • A firearm
    OR
    Airgun
    OR
    Pistol
    OR
    Restricted weapon
  • In or near a dwelling house
    OR
    In or near a public place
  • So as to endanger property
    OR
    So as to endanger any person
    OR
    So as to annoy any person
    OR
    So as to frighten any person
41
Q

Elements of Presenting a Firearm at Other Person? S52 AA1983

A
  • Except for some lawful and sufficient purpose
  • Presents
  • Firearm (other than a prohibited firearm)
    OR
    Airgun
    OR
    Pistol
    OR
    Restricted weapon
  • At any other person
42
Q

Elements of Presenting Anything? S52 AA1983

A
  • Except for some lawful and sufficient purpose
  • Presents
  • At any other person
  • Anything
  • In the circumstances, is likely to lead that person to believe that it is a
    firearm (other than a prohibited firearm)
    OR
    Airgun
    OR
    Pistol
    OR
    Restricted weapon

Wing 359 My Study (55 decks)

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