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2nd Exam Flashcards

(62 cards)

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1
Q

Elements of Assault?

A

Assaults Another Person

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2
Q

Elements of Unlawfully Takes Vehicle

A

Dishonestly

Without Claim of right

But not so much as to be guilty of theft

Takes

For his or her own purposes OR Another person’s purposes

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

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3
Q

Elements of Unlawfully Using Vehicle

A

Dishonestly

Without Claim of Right

But not so much as to be guilty of theft

Uses

For his or her own purposes OR Another person’s purposes

Any Vehicle OR Ship OR Aircraft OR Part of any vehicle, ship or aircraft OR Any horse

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4
Q

Elements of Dishonestly Gets Upon

A

Dishonestly

Without Claim of Right

Gets into OR upon

Any vehicle OR Ship OR Aircraft OR Horse

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5
Q

Elements of Dishonestly Interferes with

A

Dishonestly

Without Claim of Right

Interferes with

Any Vehicle OR Ship Or Aircraft OR Part of any vehicle or ship or Aircraft.

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6
Q

Elements of Preparing to Commit an Imprisonable Offence

A

Found

In any public place

Behaving in a manner from which it can be reasonablt infered that the person is

Preparing to commit an imprisonable offence

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7
Q

What makes you party, and therefore guilty of, an offence?

A
  1. Actually Commits offence
  2. Aids
  3. Abets
  4. Incites
  5. Counsels
  6. Procures

‘Actually Attending An Incredibly Cool Party’

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8
Q

Elements of Wilful Damage

A

Intentionally

Damages

Property

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9
Q

Elements of Offensive Behaviour in a Public Place

A

In a public place or within view of a public place

Behaves in an offensive manner

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10
Q

Elements of Disorderly Behaviour in a Public Place

A

In or within view of a public place

Behaves in a disorderly manner

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11
Q

Elements of Fighting in a Public Place

A

Fights

In a public place

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12
Q

Elements of excreting in a Public Place?

A

Unrinates or defecates

In any public place other than a lavatory

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13
Q

Elements of Obstruction

A

Intentionally Obstructs OR Incites OR Encourages any other person to obstruct

Any Police Constable OR Authorised Officer OR Traffic Officer OR Prison Officer acting in the execution of their duties

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14
Q

Elements of Resisting Police

A

Resists OR Incites OR Encourages any other person to resist

Any Constable OR Authorised Officer OR Traffic Officer OR Prison Officer acting in the execution of their duties

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15
Q

Elements of Trespassing (section 3)

A

Tresspasses

On any place

After being warned to leave that place the the occupier of that place

Neglects or refuses to do so

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16
Q

Elements of Tresspassing (Section 4)

A

Being a person warned under section 3 to stay off any place

Willfully trespasses on that place

Within two years

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17
Q

Elements of Found on Property Without Reasonable Excuse (Building/Vehicle)

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

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18
Q

Elements of Found on Property Without Reasonable Excuse (enclosed yard)

A

Found

Without reasonable excuse

In

Any enclosed yard or other such area

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19
Q

Elements of Possesing an Offensive Weapon in Public

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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20
Q

Elements of Possessing an offensive weapon in any place

A

Has in his or her possession

In any place

Any offensive weapon OR disabling substance

In circumstances that Prima Facie show an intention to use it to commit an offence involving bodily injury or threat of GBH

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21
Q

Elements of Unlawful Carriage or Possession of a Firearm

A

Except for some lawful, proper and sufficient purpose
Carries OR Is in possession of

Firearm OR Airgun OR Pistol OR Prohibed Magazine OR Restricted Weapon OR Explosives

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22
Q

Elements of Unlawful possession of prohibited firearm

A

In posession of

A prohibited firearm

Not authorised or permitted to be in the possession by the Act

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23
Q

Elements of unlawfully carrying or possessing prohibited firearm in public place

A

Without lawful purpose

Carries OR In possession of

A prohibited firearm

In a public place

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24
Q

Elements of unlawful carrying of imitation firearm

A

Except for some lawful, proper and sufficient purpose

Carries

An imitation firearm

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25
Elements of Discharing Firearm Without Reasonable Cause
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
26
Elements of presenting a firearm
Except for some lawful, and sufficient purpose Presents Firearm **OR** Airgun **OR** Pistol **OR** Restricted weapon At any other person
27
Elements of presenting anything
Except for some lawful and sufficient purpose Presents At any other person Anything In the circumstancs, is likely to lead that person to believe that it is a firearm (other than a prohibited firearm **OR** Airgun **OR** Piston **OR** restricted weapon
28
Definition of a Firearm?
Anything that can fire a projectile through force of explosion.
29
What are the legal obligations of a firearm license holder
* Notify police within 30 days of changing address * Produce your firearm within 7 days of being asked to do so by police * Notify police if firearm is lost or stolen * Report any firearms related injuries or death to police * Give details when found within possession of a firearm *Detailed injuries and losses and produce your licence in 7 days or we'll come to your address in 30*
30
How long before a Temp PO becomes final?
3 Months
31
How long does a respondant have to hand in their firearms once issues a PO?
24 hrs **OR** upon demand by police Their license is 'suspended' and if the PO becomes final, it is 'revoked'.
32
What must the court be satisified to have occured before approving a PO?
That the respondant has or is inflicting violence
33
What 3 things are POs focussed on?
1. Contact 2. Violence 3. Weapons
34
What must courts consider before refusing to grant a PO?
The perception of the applicant The effect of the behavour on the applicant Whether or not the respondant's behaviour is a part of a wider trend
35
Who may approve a PSO?
A Sgt or above
36
Under Section 113 Land Transport Act 1998, what does the abbreviation '**DIMDFFD'** stand for?
**D**irect anyone using the road who you suspect has committed an offence to give you their details **I**nspect a vehicle for safety **M**ove or authorise someone to move a vehicle that is causing an obstruction **D**irect someone to move a vehicle that is causing an obstruction **F**orbid an unlicensed driver from driving **F**orbid someone from operating a transport service without a license **D**irect someone not to cross or travel on a specific road
37
How long does a bound person have to hand in firearms if an PSO is served?
Immediate
38
How long may police detain someone for the purpose of serving a PSO?
2 hours
39
What powers does Section 95 Land Transport Act afford you?
Suspend drivers licenses for: 1. Driving 40kmph over the speed limit 2. Driving 50 kmph over a temp speed limit 3. Over more than 400MGC alcohol and 1 relevant conviction in the past four years 4. Refused blood 5. Over 650 MGC alcohol
40
What powers does Section 96 Land Transport Act 1998 afford you?
You MUST impound a vehicle if: 1. Over 400 MGC and 2 relevant convictions in past 4 years 2. Driving while suspended or forbidden 3. Vehicle involved in intentional loss of traction or race 4. The driver has an interlock licence and the vehicle does not meet this criteria 5. Refused blood and 2 relevant convictions in past 4 years
41
Powers of Section 121 Land Transport Act 1998
**F**orbid a person from driving **A**ll keys to be surrendered **R**ender vehicles immobile **M**ove a vehicle **E**BA drivers forbidden from driving for 12 hours **D**irect someone to head to a place of rest
42
Elements of Indecent Exposure
In or in view of a public place Intentionally and Obscenely Exposes any part of his or her genitals
43
Elements of indecent act in a public place
Willfully 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
44
Elements of Indecent act with intent to offend
With intent to insult or offend any person Does any indecent act In any place
45
Definition of '**Indecent**'
Not conforming with generally accepted standards of behaviour, especially in relation to sexual matters
46
When is a person considered missing?
**R**eported Whereabouts **U**nkown **F**ears for safety
47
Consent must be...
Conscious and voluntary
48
Elements of unlawful possession of Firearm
Except for some proper and sufficient purpose, Carries or is in possession of any Pistol **OR** Restricted Weapon **OR** Explosive **OR** Firearm **OR** Airgun **OR** Prohibited magazine
49
Elements of unlawful possession of prohibited firearm
Is in possession of A prohibited firearm Not authorised or permitted to be in possession by the Act
50
Elements of Unlawfuol carrying or possessing prohibited firearm in public place
Without lawful purpose Carries **OR** In possession of A prohibited firearm In a public place
51
Elements of Unlawful carrying of imitation firearm
Except for some lawful, proper and sufficient purpose Carries An imitation firearm
52
Elements of discharging firearm without reasonable cause
Without reasonable cause Discharges a firearm **OR** Airgun **OR** restricted weapon **OR** Pistol 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
53
Elements of presenting a firearm
Except for some lawful and sufficient purpose Presents Firearm **OR** restricted weapon **OR** ​Airgun **OR** ​Pistol At any other person
54
Except for some lawful and sufficient purpose Presents At any other person Anything In the circumstances, is likely to leasd that person to believe that it is a firearm (other than a prohibited firearm) **OR** ​Airgun **OR** ​restricted weapon **OR** ​Pistol
55
Elements of possession of controlled substance
Procures **OR** Posseses **OR**​ Consume **OR**​ Smoke **OR**​ Otherwise Use Any controlled substance
56
Elements of Cultivating a prohibited plant?
Cultivates Any prohibited plant
57
Elements of possesion of intruments (drugs)
Has in his possession Any pipe **OR** and utensil For the purpose of the commission of an offence against the Misuse of Drugs Act 1975
58
Elements for the possession of needles
Has in his possession Any needle or syringe For the purpose for the commission of an offence against the Misuse of Drugs Act 1975
59
Elements for Knowingly Permits
Knowingly permits Any vehicle **OR** Any premises **OR** Any other mode of conveyance To be used for the commission of an offence against the Misuse of Drugs Act 1975
60
Section 7 Victims Rights Act
Victims must be treated with Compassion, Courtesy, Privacy and Dignity
61
Section 8 Victims Rights Act 2002
Victims and their families are entitles to * Medical * Welfare * Counseling * Legal service ***M**any **W**ill **C**ry **L**oudly*
62
Section 11 Vicitm's Rights Act 2002
All victims are to be told of section 7

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