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Police Studies > Offences / OA / Proven bys > Flashcards

Offences / OA / Proven bys Flashcards

1
Q

Summary Offences Act 1981 Section 11(1)(a) - Wilful Damage (Property)

A

SOA 1981 s.11(1)(a) - Wilful Damage (Property)

  • Intentionally
  • Damages
  • Property
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2
Q

Summary Offences Act 1981 Section 11(1)(b) - Wilful Damage (Vegetation)

A

SOA 1981 s.11(1)(b) - Wilful Damage (Vegetation)

  • Intentionally
  • Sets fire to
  • Any tree or vegetation
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3
Q

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

A

CA 1961 s.219(1)(a) - Theft (Takes)

  • Dishonestly
  • Without claim of right
  • Takes
  • Any property
  • With intent to deprive any owner permanently of that property
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4
Q

Crimes Act 1961 Section 219(1)(b) - Theft (Uses or deals with)

A

CA 1961 s.219(1)(b) - Theft (Uses or deals with)

  • Dishonestly
  • Without claim of right
  • Uses or deals with
  • Any property
  • With intent to deprive any owner permanently of that property
  • After obtaining possession or control of that property in whatever manner
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5
Q

Crimes Act 1961 Section 196 / Summary Offences Act 1981 Section 9 - Common Assault

A

CA 1961 s.196 OR SOA 1981 s.9 - Common Assault

  • Assaults
  • Another person
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6
Q

Crimes Act 1961 Section 202 - Assault with a weapon

A

CA 1961 s.202 - Assault with a weapon

  • Assaults
  • Another person
  • Using anything as a weapon

OR

  • Having anything with them in the circumstances that prima facie show an intention to use it as a weapon
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7
Q

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

A

CA 1961 s.231(1)(a) - Burglary (Enters)

  • 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 within that building OR ship
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8
Q

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

A

CA 1961 s.231(1)(b) - Burglary (Having Entered)

  • Having entered
  • Any Building OR Any ship
  • Remains without authority
  • With intent to commit and imprisonable offence within that building OR ship
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9
Q

Crimes Act 1961 Section 234 - Robbery

A

CA 1961 s.234 - Robbery

  • Theft
  • Accompanied by violence
    OR
  • Accompanied by 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
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10
Q

Summary Offences Act 1981 Section 7 - Fighting in public place

A

SOA 1981 s.7 - Fighting in a public place

  • Fights
  • In a public place
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11
Q

Crimes Act 1961 Section 226 - Unlawful Takes

A

CA 1961 s.226 - Unlawful Takes

  • Dishonestly
  • Without claim of right
  • But not so as to be guilty of theft
  • Takes
  • For any person’s purpose
  • Any vehicle OR Any ship OR Any aircraft OR Any part of any vehicle, ship or aircraft OR Any horse
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12
Q

Crimes Act 1961 Section 226(1) - Unlawful Uses

A

CA 1961 s.226(1) - Unlawful Uses

  • Dishonestly
  • Without claim of right
  • But not so as to be guilty of theft
  • Uses
  • For any person’s purpose
  • Any vehicle OR Any ship OR Any aircraft OR Any part of any vehicle, ship or aircraft OR Any horse
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13
Q

Crimes Act 1961 Section 226(2) - Unlawful interferes with

A

CA 1961 s.226(2) - Unlawful interferes with

  • Dishonestly
  • Without right of claim
  • Interferes with
  • Any vehicle OR Any ship OR Any aircraft
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14
Q

Crimes Act 1961 Section 226(2) - Unlawful Gets into OR Upon

A

CA 1961 s.226(2) - Unlawful Gets into OR Upon

  • Dishonestly
  • Without claim of right
  • Gets into
    OR
  • Gets upon

Any vehicle OR Any ship OR Any aircraft

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15
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
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16
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
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17
Q

Summary Offences Act 1981 Section 13A - Possession of Knife

A

SOA 1981 s.13A - Possession of Knife (P/P)

  • In a public place
  • Without reasonable excuse
  • Has any knife
  • In his or her possession
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18
Q

Arms Act 1983 Section 45(1) - Unlawful Carriage OR Possession of a firearm OR etc.

A

AA 1983 s.45(1) - Unlawful Carriage OR Possession of a firearm OR Airgun OR Pistol OR Prohibited Magazine OR Restricted Weapon OR Explosive

  • Except for some lawful, proper and sufficient purpose
  • Carries
    OR
  • Is in possession of
  • A Firearm OR Airgun OR Pistol OR Prohibited Magazine OR Restricted Weapon OR Explosives
19
Q

Arms Act 1983 Section 48 - Discharging Firearm OR etc.

A

AA 1983 s.48 - Discharging firearm OR Airgun OR Pistol OR Restricted Weapon in or near a dwelling house OR public place

  • 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
20
Q

Arms Act 1983 Section 46(1) - Carrying an imitation Firearm

A

AA 1983 s.46(1) - Carrying an Imitation Firearm

  • Except for some lawful, proper and sufficient purpose
  • Carries
  • An imitation firearm
21
Q

Arms Act 1983 Section 52(2)

A

AA 1983 s.52(2) - Presenting Anything

  • Except for some lawful and sufficient purpose
  • Presents
  • Any any other person
  • Anything
  • In circumstances is likely to lead that person to believe that it is a
- Firearm (other than a prohibited firearm)
OR
- Airgun
OR
- Pistol
OR
- Restricted Weapon
22
Q

Arms Act 1983 Section 52(1)

A

AA 1983 s.52(1) - Presenting a firearm at other person

  • Except for some lawful and sufficient purpose
  • Presents
- Firearm (other than a prohibited firearm)
OR
- Airgun
OR
- Pistol
OR
- Restricted Weapon
  • At any other person
23
Q

Summary Offences Act 1981 Section 27 - Indecent Exposure

A

SOA 1981 s.27 - Indecent Exposure

  • In OR within view of a public place
  • Intentionally and obscenely
  • Exposes any part of his or her genitals
24
Q

Crimes Act 1961 Section 135 - Indecent Assault

A

CA 1961 s.135 - Indecent Assault

  • Indecently
  • Assaults
  • Another Person
25
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
26
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
27
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
28
Q

Crimes Act 1961 Section 246 & 247 - Receiving stolen property

A

CA 1961 s.246 & s.247 - Receiving stolen property

  • Receives
  • Any property stolen
    OR
  • Any property obtained by any other imprisonable offence
  • Knowing that property to have been stolen
    OR
  • Being reckless as to whether the property had been stolen or so obtained
29
Q

Trespass Act 1980 Section 3 - Trespass after warning to leave

A

TA 1980 s.3 - Trespass after warming to leave

  • Trespasses
  • On any place
  • After being warned to leave that place by an occupier of that place
  • Neglects or refuses to do so
30
Q

Trespass Act 1980 Section 4 - Trespass after previous warnings

A

TA 1980 s.4 - Trespass after previous warnings

  • Being a person who has been warned under Section 4 to stay off any place
  • Wilfully trespasses on that place
  • Within two years
31
Q

Dishonestly

A

Dishonestly

Without belief of

  • Consent
  • Authority
32
Q

Without Claim of Right

A

Without Claim of Right

Without belief to

  • Own
  • Possess
33
Q

Without Authority

A

Without Authority

Without

  • Authority
  • Expressed/Implied
  • By person defendant believes is legally able to give authority
34
Q

Intentionally

A

Intentionally

  • Deliberate

Without

  • Lawful justification
  • Excuse
  • Claim of right
35
Q

Assault

A

Assault

  • Intentionally / Attempting - apply force
  • Directly / Indirectly
  • Threatening / Act / Gesture
  • Other believes present ability
36
Q

Takes

A

Takes

  • Physically moves
37
Q

Damages

A

Damages

  • Temp/Perm reduction in value/usefulness
38
Q

Property

A

Property

  • Belongs to another person
  • Capable of being damaged
39
Q

Used to Extort the Property

A

Used to Extort the Property

  • Violence / Threats of violence
  • Sufficient to cause hand over against their will
40
Q

Receives

A

Receives

  • Exclusively/Jointly
  • Possession/control
  • Unlawfully obtained
  • &/or helps in concealment/disposal
41
Q

Any Tree or Vegetation

A

Any Tree or Vegetation

  • Any growing plant
42
Q

Without reasonable excuse

A

Without reasonable excuse

No

  • Lawful
  • Genuine
  • Reasonable

Excuse

43
Q

Without lawful authority or reasonable excuse

A

Without lawful authority or reasonable excuse

Without

  • Legal right
  • Justification
  • Authority
  • Permission
No
- Lawful
- Genuine
- Reasonable
Excuse

Police Studies (15 decks)

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