CLCA Flashcards
What are unlawful threats (to kill)?
- threats without lawful excuse to kill or endanger life AND
- intention to arouse a fear the threat will be carried out or reckless indifference to whether such fear is arroused
What are unlawful threats (to harm)?
- threats without lawful excuse to cause harm AND
- intention to arouse a fear the threat will be carried out or reckless indifference to whether such fear is arroused
How are threats communicated?
- direct/indirect communication by words
- by conduct
- Or partially by words and partially by conduct
What behaviours constitute stalking?
- follows
- loiters outside place of residence or other place frequented
- enters or interferes with property in possession of other person
- gives/sends offensive material
- keeps person under surveillance
- communicates with or to others in a manner that could be expected to arouse fear
- acts in a way reasonably expected to arouse fear or apprehension
AND
Intention to cause serious physical or mental harm or intends to cause serious fear/apprehension
What is death by driving?
A person who:
- drives a vehicle/vessel in a NEGLIGENT manner, RECKLESSLY, or at SPEED or in a MANNER DANGEROUS to any person AND
- by cause of that negligence/recklessness/speed/other conduct causes the death
IGOO
What is the offence for engage in police pursuit?
A person who, intending to:
- escape pursuit by a police officer, or
- cause a police officer to engage in pursuit
Drives a MV in a negligent manner/recklessly/at speed/manner dangerous IGOO
What is a street race?
- race between 2 or more MV
- time trial - how fast can car go from A-B
- Competition between or display involving 2 or more vehicles including wheel spin
- trial of MV speed, performance or driver’s skill
What are the CLCA speed related offences?
- Extreme speed
- person who drives MV at extreme speed (55+ in 60, or 60+ in 80) IGOO
What is the offence of an assault?
A person who, without consent of another:
- intentionally applies force
- intentionally makes physical contact knowing the victim might reasonably object to the contact in the circumstances
- threatens to apply force to the victim and reasonable grounds for victim to believe the person is in a position to carry out the threat and intends to OR a real possibility the person will carry out the threat
- does an act which intended purpose is to apply force to victim
- accosts or impedes another in a threatening manner
What is choking?
A person who is or has been in a relationship with another chokes/suffocates/strangles that person without consent IGOO
What is rape?
A person who engages or continues to engage in sexual intercourse with a person who:
- does not consent or has withdrawn consent
- offender knows or recklessly indifferent to consent
IGOO
What is USI?
- A person who has SI with any pension under the age of 14 years IGOO and liable to life in prison.
- A person who has SI with a person under 17 is GOO
- defences are belief victim was >17 or offender is <17 - A person in a position of authority RE a person <18 has SI IGOO
- A person who, knowing another is by reason of ID unable to understand the nature or consequence of SI has SI IGOO
What is an affray?
A person who uses or threatens unlawful violence towards another AND
Whose conduct would cause a person of reasonable firmness present to fear for personal safety IGO affray
No person need actually be present at scene
Can be committed in public and private places
What is arson?
A person who:
- without lawful excuse
- by fire or explosives
- damages property that is a building or motor vehicle
- intending or reckless about damaging property
IGO arson
What is property damage (building/MV)?
A person who: - without lawful excuse - damages other than by fire/explosives - another’s property that is a building or MV - intending to/recklessly indifferent IGOO
