Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Police College > Offences > Flashcards

Offences Flashcards

1
Q

Aggravated Robbery

Crimes Act 1961

section 235

A

A person robs any person and, at the time, before or after the robbery, causes grievous bodily harm to any person
OR

Being together with any other person or persons, robs any person

OR

A person armed with an offensive weapon or instrument (which includes a firearm), robs any other person.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Obstruction (Resisting Police)

Summary Offences Act 1981

Section 23(a)

A

Intentionally obstructs

Deliberately making it more difficult for a person to carry out their duties.

OR

Incites or encourages any other person to obstruct

Urge or persuade any other person to make it more difficult for the person to carry out their duties.

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

The person must have been lawfully exercising their powers.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Unlawful Uses Vehicle

Crimes Act 1961

Crimes Act 1961, Section 226(1)(a) OR 226(1)(b) OR 226(1)(c)

A

Dishonestly

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

Without claim of right

No belief in a right toown or possess the property.

But not so as to be guilty of theft

Unable to prove an intention to permanently deprive the owner.

Uses

Gains possession or control of the property, but then exceeds authority or conditions given by the owner by using it in any manner.

For any person’s purpose

For their own purposes

  • *OR**
  • *another person’s purposes.**

Any vehicle

Any type of vehicle.

OR
Any ship

Any vessel used in navigation, however propelled.

OR

Any Aircraft

Any machine that can derive support in the atmosphere from the reaction of the air.

OR

Any part of any vehicle, ship or aircraft

Any part removed from (use relevant definition above)

OR
Any horse

Any type of horse.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Trespass after warning to leave

Trespass Act 1980

Section 3(1) & 11(2)(a)

A

Trespasses

Is on another person’s property without authority or permission.

On any place

At any physical address

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

Must be told to leave by the lawful occupier of that address

Neglects or refuses to do so

After the warning, neglects or refuses to leave. The person must be given a reasonable time to leave.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Receiving

Crimes Act 1961

Section 246(1) & 247(a) or 247(b) or 247(c)

A

Receives

Either exclusively or jointly with the thief or any other person has possession or control over anything unlawfully obtained or helps in its concealment or disposal.

Any property stolen

Anything whatsoever, whether tangible or intangible, that is the property of any person, has value and has been stolen.

OR

Any property obtained by any other imprisonable offence

Anything whatsoever, whether tangible or intangible, that is the property of any person, has value and has been obtained by an imprisonable offence other than theft.

Knowing that property to have been stolen or so obtained.

Believing at the time of receiving that the property had been stolen or obtained by any other imprisonable offence.

OR

Being reckless as to whether the property had been stolen or so obtained

Receives the property, despite the person consciously taking an unreasonable risk that the property might be stolen or obtained by any other imprisonable offence.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Powers to Use Force

Section 40

A

Gives authority for police to use force to stop a person escaping.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Dishonestly getting into OR upon

Crimes Act 1961

Section 226 (2)

A

Dishonestly

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

Without claim of right

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

Gets into OR
Gets upon

Physically gets into OR
Physically gets upon

Any vehicle

A contrivance equipped with wheels, tracks or revolving runners on which it moves or is moved

OR

Any ship

Any vessel used in navigation, however propelled

OR

Any aircraft

Any machine that can derive support in the atmosphere from the reaction of the air

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Being Found on Property Without Reasonable Excuse (Building / Transport)

Summary Offences Act 1981

Section 29(1)a) or 29(1)c)

A

Found

To be seen, discovered or come upon

Without reasonable excuse

Without reasonable excuse

In

Physically inside of

OR

On

Physically on

Any building

A structure with a roof and walls such as a house or factory

OR

Any Aircraft

Any aeroplane, helicopter or other machine capable of flight

OR

Any Hovercraft

A vehicle or craft that travels over land or water on a cushion of air provided by a downward blast

OR

Any ship, ferry or other vessel

Any boat or ship for transporting people or goods by sea

OR

Any train

A series of connected railway carriages or wagons moved by a locomotive or by integral motors

OR

Any Vehicle

A thing used for transporting people or goods, especially on land such as a car, lorry or cart.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Wilful Damage

Summary Offences Act 1981

Section 11(1)(a)

A

Intentionally - A deliberate act, without lawful justification, excuse or claim of right.

OR

A reckless act (where the possible consequences are forseen but continues the act regardless of the risk, without lawful justification, excuse or claim of right.

Damages - Temporary or permanent reduction in the value and/or usefulness of the property.

Property - Something that belongs to another person and is capable of being damaged.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Theft - Takes

Crimes Act 1961

Section 219(1)a) & 223(b) or 223(c) of 223(d)

A

Dishonestly

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

Without claim of right

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

Takes

Physically moves the property.

Any Property

Anything whatsoever, whether tangible or intangible, that is the property of any person and has value.

With intent to deprive any owner permanently of that property

An intent to deprive the owner permanently of the property

OR

deal with the property in a manner so that it cannot be restored to its original condition.

OR

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

An intent to deprive the owner permanently of that part of the property in which they have an interest.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Power to Use Force

Section 48

A

Allows anyone to use as much force as is necessary in defence of himself or herself or another person.

The force used in all of the above circumstances must be reasonable. If the force was excessive in the circumstances, the person could be charged with assault.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Robbery

Crimes Act 1961

Section 234(I) & (2)

A

Theft

Theft is complete when… (identify as appropriate).

Accompanied by violence

Violence before or at the time of the theft.

OR

Accompanied by threats of violence

Threat of violence before or at the time of the theft, demonstrated by conduct or words.

To any person

  • *The person** who has been threatened with violence OR
  • *the person** who had violence used against them.

OR
To any property

  • *The property** that has been threatened with violence OR
  • *the property** that had violence used against it.

Used to extort the property stolen

The violence or threats used by the offender are sufficient to cause the person to hand over the property against their will.

OR

To prevent or overcome resistance to the property being stolen

The property is taken by the offender after any resistance to its taking has been prevented or overcome.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Assault

Crimes Act 1961 Section 196 or

Summary Offences Act 1981 Section 9

A

Assaults

Acts of intentionally applying or attempting to apply force to the person of another, directly or indirectly,

OR

threatening by any act or gesture to apply such force to the person of another, if the person making the threat has, or causes the other to believe on reasonable grounds that they have, the present ability to effect their purpose.

Another person

It has to be another person other than the offender.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Burglary

Crimes Act 1961

Section 231 (1)a)

A

Enters

Entry is complete as soon as any part of the body of the person or any part of any instrument used by that person, is within the building or ship.

Any building

Any building or structure of any description, whether permanent or temporary; and includes a tent, caravan, or houseboat; and also includes any enclosed yard or any closed cave or closed tunnel.

OR

Any ship OR

Any vessel used in navigation, however propelled.

Any part of a buildingOR

Part of any building or structure of any description, whether permanent or temporary; and includes a tent, caravan, or houseboat; and also includes any enclosed yard or any closed cave or closed tunnel.

Any part of a ship

Part of any vessel used in navigation, however propelled.

Without authority

An absence of authority, either expressed or implied, from a person the defendant believes is legally able to give consent.

With intent to commit an imprisonable offence in the building OR ship

There must be an intention to commit an imprisonable offence in the building

OR

there must be an intention to commit an imprisonable offence in the ship.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Wilful Damage - Sets Fire to

Summary Offences Act 1981

Section 11(1)b)

A

Intentionally

A deliberate OR reckless act [where the possible consequences are foreseen but continues the act regardless of the risk], without lawful justification, excuse or claim of right.

Sets fire to

Damages through use of fire.

Any tree or vegetation

Any growing plant.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Possession of instruments

Crimes Act 1961

Section 227

A

Without lawful authority or excuse

Without a legal right or justification, authority or permission. No lawful or genuine or reasonable excuse.

Has in his possession

In their possession or under their immediate control

Any instrument capable of being used for taking or converting

Any object whatsoever that is capable of being used to take or convert

Any Vehicle

Any contrivance equipped with wheels, tracks or revolving runners on which it moves or is moved

OR

Any Ship

Any vessel used in navigation, however propelled

OR

Any aircraft

Any machine that can derive support in the atmosphere from the reaction of the air

With intent to use for such a purpose

With an intention to use the instrument to take or convert

17
Q

Public Place Definition

A

A place that, at any material time, is open to or is 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 any person from that place; and includes any aircraft, hovercraft, ship or ferry or other vessel, train, or vehicle carrying or available to carry passengers for reward. Also includes the interior of a vehicle that is in a public place.

18
Q

Powers to Use Force

Section 39

A

Gives a constable or other person the power to use force in making an arrest.

Reasonable force includes force that is necessary and proportionate, given all the circumstances known at the time.

19
Q

Trespass after previous warnings

Trespass Act 1980

Section 4(4) & 11(2)(a)

A

Being a person who has been warned under Section 4 to stay off any place

A person who has been issued with a warning, either verbally or in writing, to stay off a property.

Wilfully trespasses on that place

The offender intentionally, deliberately, without mistake, returns to the premises.

Within two years

Within two years after the giving of the warning.

20
Q

Burglary - Having Entered

Crimes Act 1961

Section 231 (1)b)

A

Having entered

Is physically inside the building or ship.

Any building

OR
Any ship

Any building or structure of any description, whether permanent or temporary; and includes a tent, caravan, or houseboat; and also includes any enclosed yard or any closed cave or closed tunnel.

Any vessel used in navigation, however propelled.

Remains without authority

Remains when consent to be within the building or ship no longer applies.

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

There must be an intention to commit an imprisonable offence in the building or ship.

21
Q

Unlawful Takes Vehicle (Conversion of Vehicle)

Crimes Act 1961

Section 226(1)(a) OR 226(1)(b) OR 226(1)(c)

A

Dishonestly

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

Without claim of right

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

But not so as to be guilty of theft

Unable to prove an intention to permanently deprive the owner.

Takes

Physically moves the property.

For any person’s purpose

For their own purposes

  • *OR**
  • *another person’s purposes.**

Any vehicle

Any type of vehicle.

OR
Any ship

Any vessel used in navigation, however propelled.

OR

Any Aircraft

Any machine that can derive support in the atmosphere from the reaction of the air.

OR

Any part of any vehicle, ship or aircraft

Any part removed from (use relevant definition above)

OR
Any horse

Any type of horse.

22
Q

Unlawful Interferes with Vehicle (Conversion of Vehicle)

Crimes Act 1961

Section 226(2)

A

Dishonestly

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

Without claim of right

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

Interferes with

Touches or deals with in any way.

Any vehicle

Any type of vehicle.

OR
Any Ship

Any vessel used in navigation, however propelled.

OR

Any aircraft

Any machine that can derive support in the atmosphere from the reaction of the air.

23
Q

Being found on Property without Reasonable Excuse (enclosed yard or such area)

Summary Offences Act 1981

Section 29 (1)b)

A

Found

To be seen, discovered to come upon

Without Reasonable Excuse

Without Reasonable Excuse

In

Physically inside of

Any enclosed yard or other such area

An enclosed yard, garden or area, appurtenant to a building

24
Q

Powers to Use Force

Section 42

A

Allows anyone to use reasonable force to prevent a breach of the peace.

25
Q

Fighting in a public place

Summary Offences Act 1981

Section 7

A

Fights

Fighting is punching, striking, mauling, wrestling, etc, between two or more willing participants

In a public place

A place that, at any material time, is open to or is 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 any person from that place; and includes any aircraft, hovercraft, ship or ferry or other vessel, train, or vehicle carrying or available to carry passengers for reward. Also includes the interior of a vehicle that is in a public place

26
Q

Resisting Police

Summary Offences Act 1981

Section 23(a)

A

Resists

Requires some degree of force by the offender.

OR

Incites or encourages any other person to resist
Urge or persuade any other person to use some degree of force.

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

The person must have been lawfully exercising their powers.

27
Q

Assualt with a weapon

Crimes Act 1961 Section 202C (1)a) or 202 C(1)b)

A

Assaults

Acts of intentionally applying or attempting to apply force to the person of another, directly or indirectly,

OR

threatening by any act or gesture to apply such force to the person of another, if the person making the threat has, or causes the other to believe on reasonable grounds that they have, the present ability to effect their purpose.

Another person

It has to be another person other than the offender.

Using anything as a weapon.

An object of some sort, whether animate or inanimate, must be used as a weapon.

OR

Having anything with him or her in circumstances that prima facie show an intention to use it as a weapon.

An object of some sort, whether animate or inanimate, must be either on the offender or reasonably available to them. The circumstances must be sufficient to show an intention to use the object as a weapon.

28
Q

Theft - Uses or Deals With

Crimes Act 1961

Section 219 (1)(b) & 223(b) or 223(c) or 223(d)

A

Dishonestly

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

Without claim of right

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

Uses or deals with

Exceeds the authority or conditions given by using or dealing with the property in any manner

Any Property

Anything whatsoever, whether tangible or intangible, that is the property of any person and has value.

With intent to deprive any owner permanently of that property

An intent to deprive the owner permanently of the property

OR

deal with the property in a manner so that it cannot be restored to its original condition.

OR

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

An intent to deprive the owner permanently of that part of the property in which they have an interest.

After obtaining possession or control of that property in whatever manner

Obtained possession or control of that property for himself/herself or any other person.

29
Q

Arrest Powers

315 (2)a)

Crimes Act 1961

A

Finds

Disturbing the public peace

OR

committing any offence punishable by an imprisonment

30
Q

Arrest Powers

315 (2)b)

Crimes Act 1961

A

Has good cause to suspect

Of having committed a breach of the peace

OR

any offence punishable by imprisonment

31
Q

Arrest Powers

Section 39 (1)

Summary Offences Act 1981

A

Has good cause to suspect

Of having committed an offence against this act

Except sections 17-20, 25, 32-38

32
Q

Arrest Powers

Section 39 (2)

Summary Offences Act 1981

A

Within View

Does an act the constable believes is an offence against sections

17-20, 25, 32-38

AND fails to give name and address or gives false details

33
Q

Section 62

Crimes Act 1961

A

Excess use of Force

Everyone authorised by law to use force is criminally responsible for any excess, according to the nature and quantity of the act that constitutes the excess.

34
Q

Indecent Exposure

Section 27

Summary Offence Act 1981

A

In or within view of

In a public place and also covers any act done in a private place which can be seen by a person in a public place.

a Public Place

As defined in Section 2 of the Summary Offences Act 1981.

Intentionally and obscenely

The act of exposure… …will require it to be deliberate or voluntarily and not accidental. …offends contemporary standards of propriety, to the extent that a reasonable observer would regard it with “loathing, disgust and revulsion”. Consideration must be given to time, place and circumstances.

Exposes any part of his or her genitals

the penis and testes of a male, and the vulva and vagina of a female. Some part of such an organ must be “exposed”, or made visible.

35
Q

Indecent Act in Public Place

Section 125

Crimes Act 1961

A

Wilfully does any

…deliberate or voluntarily and not accidental.

Indecent Act

The word “indecent” means “not conforming with generally accepted standards of behaviour, especially in relation to sexual matters”.

In any Place

To which the public have or are permitted to have access, OR

Within view of any such place.

36
Q

Indecent Act with Intent to Insult or Offend

Section 126

Crimes Act 1961

A

With Intent to Insult or Offend any Person

Done deliberately, on purpose aiming to cause offence and outrage.

Does any Indecent Act

The word “indecent” means “not conforming with generally accepted standards of behaviour, especially in relation to sexual matters”.

In any place

Includes private and public place.

37
Q

Indecent Assault

Section 135

Crimes Act 1961

A

Indecently assaults

As per Section 2 of the Crimes Act 1961, assault is the act of intentionally applying force or attempting to apply force to the another person directly or indirectly or threatening by an act or gesture to apply such force to the person of another, if the person making the threat has, or causes the other to believe on reasonable grounds they have the present ability to effect his purpose.

This act of assault must be accompanied by circumstances of indecency.

Another Person

It has to be another person other than the offender.

38
Q

Sexual Violations

Sections 128 (1)a) and 128 (1)b)

Crimes Act 1961

A

Section 128 (1)a) - A person who rapes another person

Person A rapes person B if person A has sexual connection with person B effected by the penetration of person B’s genitalia by person A’s penis

  • without person B’s consent to the connection and
  • without believing on reasonable grounds B consented to the connection

Section 128 (1)b) - Any person having unlawful sexual connection with another person.

Person A has unlawful sexual connection with person B if person A has sexual connection with person B

  • without person B’s consent to the connection and
  • without believing on reasonable grounds B consented to the connection

Sexual connection means:

Connection effected by the introduction into the genitalia or the anus of one person, otherwise than for genuine medical purposes, of:

  • any part of the body of the another person or
  • an object held or manipulated by the another person or
  • connection between the mouth or tongue of one person and a part of another person’s genitalia or anus or
  • continuation of connection of a kind described above

Police College (14 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions