OFFENCES/OAs Flashcards

1
Q

What are the elements for assault?

A

Assaults

Another person

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2
Q

What are the elements for wilful damage?

A

Intentionally

Damages

Property

—————

Intentionally

Sets fire to

Any tree or vegetation

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3
Q

What are the elements to be found on property without reasonable excuse?

A

Found

Without reasonable excuse

In or on

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

—————

Found

Without reasonable excuse

In

Any enclosed yard or other such area

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4
Q

What are the elements to trespass after warning to leave?

A

Tress passes

On anyplace

After being warned to leave that place by an occupier of that place

Neglects or refuses to do so

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5
Q

What are the elements to trespass after previous warnings?

A

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

Wilfully trespasses on that place

Within two years

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6
Q

What are the elements of theft by taking?

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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7
Q

What are the elements to theft by using or dealing?

A

Dishonestly

Without claim of right

Uses or deals with

Any property

With intent to deprive any owner permanently of the 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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8
Q

What are the elements of burglary?

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 impressionable offence in the building OR With intent to commit and impressionable offence in a ship

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9
Q

What are the elements of burglary having entered?

A

Having entered

Any building OR any ship

Remains without authority

With intent to commit and impressionable offence in the building OR With intent to commit an impressionable offence in the ship

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10
Q

What are the elements of excreting in a public place?

A

Urinates OR defecates

In any public place

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11
Q

What are the elements of fighting in a public place?

A

Fights

In a public place

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12
Q

What are the elements of offensive 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

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13
Q

What are the elements of resisting POLICE?

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 the duty

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14
Q

What are the elements of obstruction?

A

Intentionally obstructs OR insights or encourages any other person to obstruct

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

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15
Q

What are the elements of possession offensive weapons or disabling substances IN A PUBLIC PLACE?

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

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16
Q

What are the elements of possession of offensive weapons or disabling substances IN ANY PLACE?

A

Has in his or her position

In any please

Any offensive weapon or any disabling substance

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

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17
Q

What are the elements for possession of knives?

A

In a public place

Without reasonable excuse

Has any knife

In his or her possession

18
Q

What are the elements for robbery?

A

Theft

Accompanied by violence OR 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

19
Q

What are the elements to receiving?

A

Receives

Any property stolen OR any property obtained by any other imprisonable offence

Knowing the property to be stolen also obtained or being reckless as to whether the property had been stolen or so obtained

20
Q

What are the elements to 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 persons purposes

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

21
Q

What are the elements to unlawful uses vehicle?

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

22
Q

What are the elements to unlawful interferes with vehicle?

A

Dishonestly

Without claim of right

Interferes with

Any vehicle OR any ship OR any aircraft

23
Q

What are the elements to unlawfully getting into OR upon?

A

Dishonestly

Without claim of right

Gets into OR gets upon

Any vehicle OR any ship OR any aircraft

24
Q

What is the definition of a public place?

A

A place that at any material time

Is open to, or being used by the public

Wither free or on payment of charge

and whether any owner or occupier of the place is lawfully entitled to exclude or reject the person from that place

And includes any Vehicle

That is carrying or available to carry passages for reward

It includes the interior of any vehicle which is in a public place

25
Q

What is the definition of dishonestly?

A

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

26
Q

What is the definition of without claim of right?

A

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

27
Q

What are the elements to unlawful carriage OR possession of a firearm OR air gun OR pistol OR prohibited magazine OR restricted weapon OR explosive?

A

Except for some lawful, proper and sufficient purpose

Carries OR is in possession of any

Firearm OR airgun OR pistol OR prohibited magazine OR restricted weapon OR explosives

28
Q

What are the elements to unlawful possession of prohibited firearm?

A

In possession of

A prohibited firearm

Not authorised or permitted to be in possession by the act

29
Q

What are the elements to caring an imitation firearm?

A

Except for some lawful, proper and sufficient purpose

Carries

And imitation firearm

30
Q

What are the elements to discharging firearm OR airgun OR pistol OR restricted weapon in on near a dwelling house or public place?

A

Without reasonable cause

Discharges

Our 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

31
Q

What are the elements to presenting a firearm at another person?

A

Except for some lawful insufficient purpose

Presents

Firearm (Other than a habited firearm) OR airgun OR pistol OR restricted weapon

At any other person

32
Q

What are the elements to presenting anything?

A

Except for some lawful and sufficient purpose

Presents

At any other person

Anything

In circumstances, is likely to lead to that person to believe that is a firearm (other than a prohibited farm) OR airgun OR pistol OR restricted weapon

33
Q

What are the elements for indecent exposure?

A

In OR within view of a public place

Intentionally and obscenely

Exposes any part of his or her genitals

34
Q

What are the elements to indecent act in public place?

A

Wilfully does

Any indecent act

I’m any place to which the public have or are permitted to have access
OR
Within view of any place to which the public have or are permitted to have access

35
Q

What are the elements to indecent act with intent to insult or offend?

A

With intent to insult or offend any person

Does any indecent act

In any place

36
Q

What are the elements to indecent assault?

A

Indecently

Assaults

Another person

37
Q

What are the elements to possession OR use of controlled drugs?

A

Procure OR possess OR consume OR smoke OR otherwise use

Any controlled drug

38
Q

What are the elements to cultivation of prohibitived plants?

A

Cultivates

A prohibited plant

39
Q

What are the elements to permits use of premise or vehicle?

A

Knowingly permits

Any premise OR any motor vehicle OR any other mode of convenience

To be used for the purpose of commission of an offence against the misuse of drugs at 1975

40
Q

What are the elements to possession of instruments?

A

Has in his position

Any pipe or any utensil

For the purpose of the commission of an offence against the misuse of drugs act 1975