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Police College > Criminal Liabilities > Flashcards

Criminal Liabilities Flashcards

1
Q

What are the ingredients for Intentional Damage?

A

1) Intentionally
2) Damages
3) Property

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2
Q

What are the ingredients for Theft?

A

1) Dishonestly
2) Without claim of right
3) Takes
4) Any property
5) 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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3
Q

What are the ingredients of Theft by using or dealing?

A

1) Dishonestly
2) Without claim of right
3) Uses or deals with
4) Any property
5) With intent to deprive any owner permanently of that property OR With intent to deprive any owner permanently of any interest in that property
6) After obtaining possession or control of that property in whatever manner

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4
Q

What are the ingredients for Assault?

A

1) Assaults

2) Another person

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5
Q

What are the ingredients for Assault with a weapon

A

1) Assaults
2) Another person
3) Using anything as a weapon OR Having anything with him or her in circumstances that prima facie show an intention to use it as a weapon

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6
Q

What are the ingredients for Burglary (enters)?

A

1) Enters
2) Any building OR Any ship OR Any part of any building OR Any part of any ship
3) Without authority
4) With intent to commit an imprisonable offence in the building OR Ship

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7
Q

What are the ingredients for Burglary(having entered)?

A

1) Having entered
2) Any building Or Any ship
3) Remains without authority
4) With intent to commit an imprisonable offence in the building OR Ship.

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8
Q

What are the ingredients for Intentional Damage (fire to a tree)?

A

1) Intentionally
2) Sets fire to
3) Any tree or vegetation

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9
Q

What are the ingredients for robbery?

Crimes Act 1961

A

1) Theft
2) Accompanied by violence OR accompanied by threats of violence
3) To any person OR To any property
4) Used to extort the property stolen OR to prevent or overcome resistance to the property being stolen

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10
Q

What are the 3 factors that can aggravate a robbery?

A

1) Causing grievous bodily harm at the time, immediately before or after the robbery.
2) having 2 or more offenders committing the robbery.
3) a person armed with an offensive weapon or instrument, which includes a firearm.

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13
Q

What are the ingredients for Fighting in a public place?

A

(1) Fights

(2) In a public place

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14
Q

What is the definition for a public place?

A

A place that at any material time is open to, or 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 that person form that place and includes any: aircraft, hovercraft, ship, ferry, train, vehicle, etc that is carrying or available to carry passengers for reward and includes the interior of any vehicle which is in a public place.

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15
Q

What are the ingredients of receiving?

A

(1) Receives
(2) Any property Stolen OR Any property obtained by any other imprisonable offence
(3) 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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16
Q

What are the ingredients for Dishonestly taking a vehicle OR Dishonestly using a vehicle?

A

(1) Dishonestly
(2) Without claim of right
(3) but not so as to be guilty of theft
(4) Takes OR USes
(5) For any person’s purpose
(6) Any vehicle OR Any ship OR Any aircraft OR any part of any vehicle, ship or aircraft OR Any horse

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17
Q

What are the ingredients for Dishonestly Taking a Document OR Dishonestly Obtaining a Document?

A

(1) Dishonestly
(2) Without claim of right
(3) Takes OR Obtains
(4) Any document
(5) With intent to obtain
(6) Property OR Service OR Pecuniary advantage or Valuable consideration.

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18
Q

What are the ingredients for Dishonestly uses or attempts to use a document under the Crimes Act 1961?

A

(1) Dishonestly
(2) Without claim of right
(3) Uses or attempts to use
(4) Any document
(5) with intent to obtain
(6) Property OR Service OR Pecuniary advantage OR Valuable consideration.

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19
Q

What are the ingredients of Peeping or Peering into a Dwelling House in the Crimes Act 1961?

A

(1) Found
(2) By Night
(3) Without reasonable excuse
(4) Peeping or peering
(5) Into a dwelling house

20
Q

What are the ingredients for Unlawfully on Property according to the Summary Offences Act 1981?

A

(1) Found
(2) Without reasonable excuse
(3) In OR On
(4) Any building OR Any enclosed yard OR Any aircraft OR Any Ship OR Any train OR Any vehicle

21
Q

What are the ingredients for Disorderly Behaviour Likely to Cause Violence according to the Summary Offences Act 1981?

A

(1) In a public place OR Within view of a public place.
(2) Behaves in OR Incites or encourages any other person to Behave in
(3) A riotous manner OR An offensive manner OR A threatening manner OR An insulting Manner OR A disorderly manner
(4) in circumstances that are likely to cause violence against persons or property to start or continue.

22
Q

What are the ingredients of Dishonest Interference according to the Crimes Act 1961?

A

(1) Dishonestly
(2) Without claim of right
(3) Interferes with
(4) Any vehicle OR Any ship OR Any aircraft.

23
Q

What are the ingredients of Dishonestly Getting Into OR Upon according to the Crimes Act 1961?

A

(1) Dishonestly
(2) Without claim of right
(3) Gets into OR Gets upon
(4) Any vehicle OR Any ship OR Any aircraft

24
Q

What are the ingredients for Trespass after warning to leave under the Trespass Act 1980?

A

(1) Trespasses
(2) On any place
(3) After being warned to leave that place by an occupier of that place
(4) Neglects or refuses to do so

25
Q

What are the ingredients for Trespasses after previous warnings under the Trespass Act 1980?

A

(1) Being a person who has been warned under Section 4 to stay off any place
(2) Willfully trespasses on that place
(3) Within two years

26
Q

What are the defenses to trespassing?

A
  • They trespass for their own protection
  • They trespass for the protection of someone else
  • They trespass for an emergency involving their property or the property of some other person
27
Q

What are the ingredients for Possession of Instruments under the Crimes Act 1961?

A

(1) Without lawful authority or excuse
(2) Has in his possession
(3) Any instrument capable of being used for taking or converting
(4) Any vehicle OR Any ship OR Any aircraft
(5) With intent to use it for such a purpose

27
Q

What are the ingredients for Offensive OR Disorderly Behaviour under the Summary Offences Act 1981?

A

(1) In a public place OR within view of a public place

(2) Behaves in an offensive manner OR behaves in a disorderly manner

28
Q

What are the ingredients of Resisting Police according to the Summary Offences Act 1981?

A

(1) Resists OR Incites or encourages any other person to resist
(2) Any constable or Authorised Officer or Prison Officer or Traffic Officer acting in the execution of their duty.

29
Q

What are the ingredients for Intentionally Obstructs Police according to the Summary Offences Act 1981?

A

(1) Intentionally Obstructs OR Incites or encourages any other person to obstruct.
(2) Any constable or authorised officer or prison officer or traffic officer acting in the execution of their duty.

30
Q

What are the ingredients for Possession of an Offensive a weapon (in a public place) according to the Crimes Act 1961?

A

(1) Without lawful authority or reasonable excuse.
(2) Has with him.
(3) In any public place.
(4) Any knife OR any offensive weapon OR any disabling substance.

31
Q

What are the ingredients for Possession of an Offensive Weapon (in any place) according to the Crimes Act 1961?

A

(1) Has in his possession
(2) In any place
(3) Any offensive weapon OR Any disabling substance
(4) In circumstances that prime facile show an intention to use it to commit an offence involving bodily injury or the threat or fear of violence.

32
Q

What are the ingredients for Possession of Controlled Drugs OR Use of Controlled Drugs under the Misuse of Drugs Act 1975?

A

(1) Procure OR Possess OR Consume OR Smoke OR Otherwise use

(2) Any controlled drug

33
Q

What are the ingredients for Possession of Instruments (drugs, pipe) under the Misuse of Drugs Act 1975?

A

(1) Has in his possession
(2) Any pipe OR Any utensil
(3) For the purpose of the commission of an offence against the Misuse of Drugs Act 1975

34
Q

What are the ingredients for Possession of instruments (drugs, needle) under the Misuse of Drugs Act 1961?

A

(1) Has in his possession
(2) Any syringe OR Any needle
(3) For the purpose of the commission of an offence against the Misuse of Drugs Act 1975.

35
Q

What are the ingredients for Permits Use of Premises OR Permits Use of Vehicle according to the Misuse of Drugs Act 1975?

A

(1) Knowingly permits
(2) Any premises OR motor vehicle OR other mode of conveyance
(3) To be used for the purpose of the commission of an offence against the Misuse of Drugs Act 1975.

36
Q

What are the ingredients for Carrying an imitation firearm under the Arms Act 1983?

A

(1) Except for some lawful proper and sufficient purpose
(2) Carries
(3) An imitation firearm

37
Q

What are the ingredients for Cultivation of Prohibited Plants under the Misuse of Drugs Act 1975?

A

(1) Cultivates

(2) A prohibited plant

38
Q

What are the ingredients for Discharging firearm in or near a dwelling house OR Public place
Discharging an air gun in or near a dwelling house OR public place
Discharging a pistol in or near a dwelling house OR public place
Discharging a restricted weapon in or near a dwelling house OR public place

A

(1) Without reasonable cause
(2) Discharges
(3) A Firearm OR Airgun OR Pistol OR Restricted weapon
(4) In or near a dwelling house OR in or near a public place
(5) 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

39
Q

What are the ingredients for Presenting a firearm under the Arms Act 1983?

A

(1) Except for some lawful and sufficient purpose
(2) Presents
(3) Firearm OR Air gun OR Pistol OR Restricted weapon
(4) At any other other person.

40
Q

What are the ingredients for Presenting anything under the Arm Act 1983?

A

(1) Except for some lawful and sufficient purpose
(2) Presents
(3) At any other person
(4) Anything
(5) In the circumstances, is likely to lead that person to believe that it is a Firearm OR Air gun OR Pistol Or Restricted weapon

41
Q

Unlawful carriage OR unlawful possession of a firearm
Unlawful carriage OR unlawful possession of an airgun
Unlawful carriage OR unlawful possession of a pistol
Unlawful carriage OR unlawful possession of a restricted weapon
Unlawful carriage OR unlawful possession of an explosive

A

(1) Except for some lawful proper and sufficient purpose
(2) Carries OR is in possession of
(3) Firearm OR Airgun OR Pistol OR Restricted weapon OR Explosives

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