Crimes Act 1961 Flashcards

1
Q

Crimes Act 1961 Section 39

A

CA 1961 s.39 - Use of force used in detention or arrest

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2
Q

Crimes Act 1961 Section 40

A

CA 1961 s.40 - Use of force in the prevention of escape or rescue

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3
Q

Crimes Act 1961 Section 41

A

CA 1961 s.41 - Use of force in preventing Suicide, or immediate and serious injury to person or property

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4
Q

Crimes Act 1961 Section 42

A

CA 1961 s.42 - Use of force & lawful arrest/detainment, in the prevention of breach of the peace

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5
Q

Crimes Act 1961 Section 48

A

CA 1961 s.48 - Use of force in defence of self or another

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6
Q

Crimes Act 1961 Section 62

A

CA 1961 s.62 - Excess force used

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7
Q

Crimes Act 1961 Section 315(2)(a) - Power of Arrest

A

CA 1961 s.315(2)(a) - Power of Arrest

  • Finds
  • Disturbing the public peace
    OR
  • Committing any offence punishable by imprisonment
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8
Q

Crimes Act 1961 Section 315(2)(b) - Power of Arrest

A

CA 1961 s.315(2)(b) - Power of Arrest

  • Has good cause to suspect
  • Of having committed a breach of the peace

OR

  • Any offence punishable by imprisonment
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9
Q

Crimes Act 1961 Section 316

A

CA 1961 s.316

Duty of persons arresting

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10
Q

Crimes Act 1961 Section 196 - Common Assault

A

CA 1961 s.196 - Common Assault - 1y

  • Assaults
  • Another person
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11
Q

Crimes Act 1961 Section 202C(1)(a) or 202C(1)(b) - Assault with a weapon

A

CA 1961 s.202C(1)(a) / 202C(1)(b) - Assault with a weapon - 5y

  • Assaults
  • Another person
  • Using anything as a weapon

OR

  • Having anything with them in circumstances of prima facie show an intention to use it as a weapon
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12
Q

Crimes Act 1961 Section 56

A

CA 1961 s.56

Use of force to prevent any person from trespassing on land or in building or to remove them therefrom

[Must not strike or do bodily harm]

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13
Q

Crimes Act 1961 Section 219(1)(a) - Theft

A

CA 1961 s.219(1)(a) - Theft - Depends on value of property

  • Dishonestly
  • Without claim of right
  • Takes
  • Any property
  • With intent to deprive any owner permanently of that property
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14
Q

Crimes Act 1961 Section 231(1)(a) - Burglary

A

CA 1961 s.231(1)(a) - Burglary - 10y

  • Enters
  • Any building OR any ship OR any part of any building OR any part of any ship
  • Without authority
  • With intent to commit an imprisonable offence in the building OR ship
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15
Q

Crimes Act 1961 Section 231(1)(b) - Burglary

A

CA 1961 s.231(1)(b) - Burglary - 10y

  • Having entered
  • Any building OR any ship
  • Remains without authority
  • With intent to commit an imprisonable offence within that building OR ship
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16
Q

Crimes Act 1961 Section 232(1)(a) - Aggravated Burglary

A

CA 1961 s.232(1)(a) - Aggravated Burglary - 14y

  • While committing a burglary
  • Has a weapon with them

OR

  • Uses anything as a weapon
17
Q

Crimes Act 1961 Section 234 - Robbery

A

CA 1961 s.234 - Robbery - 10y

  • Theft
  • Accompanied by violence

OR

  • Accompanied by threats of violence
  • To any person

OR

  • To any property
  • Used to extort the property

OR

  • To prevent or overcome resistance to the property being stolen
18
Q

Crimes Act 1961 Section 235 - Aggravated Robbery

A

CA 1961 s.235 - Aggravated Robbery - 14y

  • A person robs any other 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

OR

  • Armed with an offensive weapon or instrument
19
Q

Crimes Act 1961 Section 189A - Strangulation or Suffocation

A

CA 1961 s.189A - Strangulation or Suffocation - 7y

20
Q

Crimes Act 1961 Section 236 - Assault with intent to rob

A

CA 1961 s.236 - Assault with intent to rob - 14y

  • Causes GBH to that person or any other person
  • Being armed with offensive weapon / instrument assaults that person or any other person
  • Being together with any other person or persons
21
Q

Crimes Act 1961 Sections 246 & 247(a) or (b) or (c) - Receiving stolen property

A

CA 1961 s.246 & 247(a) or (b) or (c) - Receiving stolen property - Depends or value of property

  • 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
22
Q

Crimes Act 1961 Section 226(1) - Unlawful Takes / Unlawful Uses

A

CA 1961 s.226(1) - Unlawful Takes / Unlawful Uses - 7y

  • Dishonestly
  • Without claim of right
  • But not so as to be guilty of theft
  • Takes / Uses
  • For any person’s purpose
  • Any Vehicle OR Any Ship OR Any Aircraft OR Any part… OR Any horse
23
Q

Crimes Act 1961 Section 226(2) - Unlawful Interferes with / Gets into OR upon

A

CA 1961 s.226(2) - Unlawful Interferes with / Gets into OR upon - 2y

  • Dishonestly
  • Without claim of right
  • Interferes with / Gets into OR Gets upon
  • Any vehicle OR Any ship OR Any aircraft
24
Q

Crimes Act 1961 Section 227 - Possession of instruments

A

CA 1961 s.227 - Possession of instruments - 1y

  • Without lawful authority or excuse
  • Has in their 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
25
Q

Crimes Act 1961 Section 202A(4)(a) - Possession of Offensive Weapons or Disabling Substances (P/P)

A

CA 1961 s.202A(4)(a) - Possession of Offensive Weapons or Disabling Substances (P/P)

  • W/out lawful authority or reasonable excuse
  • Has with him or her
  • In any public place
  • Any knife

OR

  • Any offensive weapon (Made, altered, intended)

OR

  • Any disabling substance
26
Q

Crimes Act 1961 Section 202A(4)(b) - Possession of Offensive Weapons or Disabling Substances (Any Place)

A

CA 1961 s.202A(4)(b) - Possession of Offensive Weapons or Disabling Substances (Any Place)

  • Has in his or her possession
  • In any place
  • Any offensive weapon (Capable)

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
27
Q

Crimes Act 1961 Section 125 - Indecent Act in Public place

A

CA 1961 s.125 - Indecent Act in Public Place

  • 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
28
Q

Crimes Act 1961 Section 126 - Indecent Act with Intent to Insult or Offend

A

CA 1961 s.126 - Indecent Act with Intent to Insult or Offend

  • With intent to insult or offend any person
  • Does any indecent act
  • In any place
29
Q

Crimes Act 1961 Section 135 - Indecent Assault

A

CA 1961 s.135 - Indecent Assault

  • Indecently
  • Assaults
  • Another Person
30
Q

Crimes Act 1961 Section 128(1)(a) & (b) - Sexual Violation (Rape / Sexual Connection)

A

CA 1961 s.128(1)(a) - Sexual Violation by Rape
- A person who rapes another person

CA 1961 s.128(1)(b) - Sexual Violation by Unlawful Sexual Connection
- Any person having unlawful sexual connection with another person

31
Q

Crimes Act 1961 Section 216G & 216H - Intimate Visual Recordings

A

CA 1961 s.216G - Definition

CA 1961 s.216H - Offence for everyone who intentionally or recklessly makes an intimate visual recording of another person