Crimes Act Legislation.

Question 1

What are the element for s35 CA Assault Occasioning Grievous Bodily Harm?

Answer 1

• The accused
• Assaulted
• The person
• Causing grievous bodily harm and was reckless as to causing actual bodily harm.
  10 years

Question 2

S. 52A(9) CA – Vehicle

Answer 2

• Any:
- motor car/carriage/cycle.
- vehicle propelled wholly or party any other means besides human/animal power.
- horse-drawn vehicle.
• Whether or not it is adapted for road use.
• Excludes vehicles used on a railway/tramway.

Question 3

S. 51A CA – Predatory Driving – ‘High Range’ road rage:

Answer 3

• The accused,
• Drove a vehicle (s. 52A(9) CA definition),
- in pursuit of another vehicle or,
- travelling near another vehicle
• And engaged in conduct which caused or threatened to cause an impact:
- with any other vehicle/person/object or,
- by overturning or leaving a road,
• With the intention of causing another person ABH.

– Usually some form of relationship between the victim and the offender.
– No need to have actual bodily harm, intent is sufficient.
– The prosecution must prove the offender’s vehicle caused
the impact.

Question 4

S. 52A CA – Dangerous Driving Occasioning GBH

or Death.

Answer 4

• The accused
• Drove a vehicle (s. 52A(9) CA definition):
- under the influence of alcohol or drugs or,
- at a speed dangerous to person/s or,
- in a manner dangerous to person/s
• Occasioning death or GBH of a person
• Conveyed in or on any vehicle (including passengers)
• Through an impact involving:
- overturning or leaving a road or,
- any object/person/vehicle or,
- any object/vehicle in, on or near the person at the time of impact or,
- anything on/attached to the vehicle, or
- anything in motion through falling from the vehicle or,
- the person falling, being thrown or ejected from the vehicle or,
- any object as a result of the person (or any part) protruding from the vehicle
• (7) circumstances of aggravation.
– This offence is not restricted to driving on the road.

Question 5

S. 52A(7) CA – Circumstances of Aggravation –
Dangerous Driving (SHIC):

Answer 5

S – Speed 45km/h or greater above speed limit.
H – High range PCA.
I – Impaired (very substantially) by a drug or combination of drugs.
C – Chase with police (pursuit).

Question 6

S. 33 CA 1900 - Wounding or Grievous Bodily Harm with Intent:

Answer 6

• The accused
• Wounds or causes grievous bodily harm
• To the person
• With intent to cause grievous bodily harm to that or any other person

Shall be liable maximum imprisonment for 25 years.

Question 7

S. 35 CA 1900 - Assault Occasioning Grievous Bodily Harm:

Answer 7

• The accused
• Assaulted
• The person
• Causing Grievous Bodily Harm and was reckless as to causing actual bodily harm.

Shall be liable maximum imprisonment for 10 years.

Question 8

S. 58 Crimes Act 1900 – Assault with intent to commit a serious indictable offence on certain officers:

Answer 8

• The accused
• Assaults any person with intent to commit a serious
indictable offence or,
• Assaults, resists, or wilfully obstructs any officer while in the execution of his or her duty or,
• Assaults any person, with intent to resist or prevent the
lawful apprehension or detainer of any person for any offence

Shall be liable to imprisonment for 5 years.

Question 9

S. 59 CA 1900 - Assault Occasioning Actual Bodily Harm:

Answer 9

1. The accused
2. Assaulted
3. The person
4. Occasioning Actual Bodily Harm

Shall be liable for imprisonment for 7 years.

Question 10

S. 60 (1) CA 1900 – Assault and other actions against police officers:

Answer 10

• The accused
• Assaults, throws a missile at, stalks, harasses or intimidates
• A police officer while in the execution of the officer’s duty
• Although no ABH occasioned to the officer

Is liable to imprisonment for 5 years.

Question 11

S. 61 CA 1900 – Common assault:

Answer 11

• The accused
• Assaulted a person
• Intentionally or recklessly
• Without consent
• Without lawful excuse
– May include spitting or no physical signs.

2 years imprisonment –Indictable Offence

Question 12

S. 418 CA 1900 - Self-defence-when available:

Answer 12

(1) A person is not criminally responsible for an offence if the
person carries out the conduct constituting the offence in selfdefence.
(2) A person carries out conduct in self-defence if and only if the
person believes the conduct is necessary:
(a) to defend himself or herself or another person, or
(b) to prevent or terminate the unlawful deprivation of his or her liberty or the liberty of another person, or
(c) to protect property from unlawful taking, destruction,
damage or interference, or
(d) to prevent criminal trespass to any land or premises or to remove a person committing any such criminal trespass, and the conduct is a reasonable response in the circumstances as he or she perceives them.

Question 13

S. 546c CA 1900 – Resisting etc police:

Answer 13

• The accused
o Resists or hinders or,
o Incites any person to assault, resist or hinder
• A police officer
• In the execution of their duty

Imprisonment for 12 months or to a fine of 10 penalty units, or
both.

Question 14

S. 93B CA 1900 – Riot (common purpose):

Answer 14

• 12 or more persons
• Presented together
• Common purpose
• Conduct taken together
• Use or threaten unlawful violence
• Towards person or property
• In a public or private place
• Causes person of reasonable firmness to fear for their safety
(need not be present).

Imprisonment for 15 years.

Question 15

S. 93C CA 1900 – Affray (NO ‘present together’ or ‘property’):

Answer 15

• 1 or more persons
• Conduct taken together
• Use or threaten unlawful violence
• Towards person
• In a public or private place
• Causes person of reasonable firmness to fear for their safety
(need not be present).

Imprisonment for 10 years.

Question 16

What is ‘Criminal complicity’:

Answer 16

Where 2 or more people are involved in a Criminal Act.

Question 17

S. 4 CA – ‘Dwelling-House’:

Answer 17

• Any building or other structure intended for occupation as a dwelling and capable of being so occupied, although it has never been so occupied.
• A boat or vehicle in or on which any person resides.
• Any building or other structure within the same curtilage as a dwelling-house, and occupied therewith or whose use is ancillary to the occupations of the dwelling-house.

Question 18

S. 4 CA – Definitions - ‘Dangerous Weapon’:

Answer 18

• A firearm, or an imitation firearm, within the meaning of the Firearms Act 1996,
• A prohibited weapon within the meaning of the Weapons prohibition act 1998.
• A spear gun.

Question 19

S. 4 CA – Definitions - ‘Offensive weapon or instrument’:

Answer 19

• A dangerous weapon.
• Anything that is made or adapted for offensive purposes, or
• Anything that, in the circumstances, is used, intended for use of threatened to be used for offensive purposes, whether or not is it ordinarily used for offensive purposes or is capable
of causing harm.

Question 20

S. 344A CA - Attempts:

Answer 20

(1) Subject to this Act, any person who attempts to commit any offence for which a penalty is provided under this Act shall be liable to that penalty.
(2) Where a person is convicted of an attempt to commit an offence and the offence concerned is a serious indictable offence the person shall be deemed to have been convicted of a serious indictable offence.

Question 21

S. 112(1)(A) CA Breaking etc into any house etc and committing serious indictable offence:

Answer 21

• The accused
• Broke
Actual Breaking – Involves breaking the seal of the premises, interfering with the physical security of the
premises.
Constructive Breaking (KFC Tonight)
K – KEY – Keys obtained and used for a purpose they weren’t intended.
F – FRAUD – False representations are made to gain access.
C – CONSPIRACY – You work with another person who has legal access to the premises and lets you in without the consent of the owner.
T – THREAT is made to the person with legal ability to give you access to the property.
• Entered
It does not need to be the whole body, can be one part or even an implement if inserted with the intention to commit a serious indictable offence.
• Dwelling-house or other building
• Committed a serious indictable offence.
Can be committed in two ways:
1. Break and enter and commit serious indictable offence
2. Already in premises, commit serious indictable offence and break out.

Question 22

S. 118 CA – Intent to Return Property is No Defence:

Answer 22

• The accused
• Who is on trial for larceny
• Appropriated the property for
- Their own use/benefit or,
- The use/benefit of another
• But intended to eventually restore the property
• Is not entitled to an acquittal

Question 23

S. 124 CA – Fraudulent Appropriation – “intent formed afterward”:

Answer 23

• The accused
• Did not originally intend to steal the item
• But later appropriated the property for his or her own use.

– The accused is charged with larceny as only a court can determine this offence.

Question 24

S. 125 CA – Larceny by a Bailee “agreement breached by bailee”:

Answer 24

• The accused
• Received property from the owner under an agreement (expressed or implied)
• Where the accused was a bailee of such property
• Fraudulently (dishonestly)
• Took such property (or part thereof) or converted such property to his own use or exchanged such property

Question 25

S. 148 CA – Stealing Property in a Dwelling- House – “148... no break”:

Answer 25

``` • The accused • Stole • Property • Inside a dwelling-house • Carried it out of such dwelling-house • The goods must be under the protection of the house (deposited there for safe custody). • It is not sufficient that they are under the eye or personal care of someone who happens to be there. This is determined by a judge. ```

Question 26

S. 154A CA – Take and Drive Conveyance:

Answer 26

• The accused • Without consent • Took and drove conveyance • Drive or be carried in/on knowing it has been taken without consent. -No need to permanently deprive -Includes the passengers if they rode in the car knowing it was taken without consent. -Definition of conveyance broader than definition of motor vehicle.

Question 27

S. 154F CA – Steal Motor Vehicle elements:

Answer 27

* The accused * Stole * Property (motor vehicle) * Must prove fraudulently

Question 28

S. 156 CA – Larceny by Clerk or Servant – “after the till”:

Answer 28

• The accused • Was employed as a clerk or servant • Stole property • Belonging to the master/employer – After the till offence, property must have transferred ownership to the master entirely before it is stolen (customer’s money in till, then into pocket)

Question 29

S. 157 CA – Embezzlement – “before the till”:

Answer 29

* The accused * Received property on behalf of their master * Fraudulently embezzled that property Fraudulently – Dishonestly obtained, at the time they took the item they had the intention to permanently deprive the property from them. Embezzled – To constitute embezzlement the property must have been received by the accused on the account of his or her master or employer (customer money straight in pocket).

Question 30

S. 188 CA – Receiving Stolen Property (Serious Indictable Offence):

Answer 30

• The accused • Received, disposed of, or attempted to dispose of stolen property • The stealing was a serious indictable offence • The accused knew the property was stolen at the time they received, disposed of, or attempted to dispose of it. – It must be shown that the goods were the result of a serious indictable offence – e.g. Larceny. – The accused must know the status of the property was stolen at the time they received it. – If the accused innocently comes into possession of property then becomes aware of its status and either retains it or attempts to dispose of it, it is still an offence.

Question 31

S. 192E CA – Fraud:

Answer 31

* The accused * Used deception * Obtained property, financial advantage or caused financial disadvantage. – Fraud includes where the accused forms the intent to permanently deprive after the item is stolen.

Question 32

S. 253 CA – Make False Document:

Answer 32

* The accused * Made a false document * With the intent to induce the victim to accept it as genuine.

Question 33

S. 254 CA – Use False Document:

Answer 33

* The accused * Used a false document * With the intent to induce the victim to accept it as genuine.

Question 34

S. 527C CA – Persons Unlawfully in Possession of Property – “Goods in custody”:

Answer 34

• The accused • Had anything • In his or her custody, or the custody of another, or in the premises • Which reasonably may be suspected of being stolen or unlawfully obtained – 6 month statute of limitations for goods in custody. – 2 year statute of limitations for goods in custody relating to motor vehicles. – Reflects that the goods were stolen or unlawfully obtained. – May not be able to be convicted for the original stealing offence. – Police do not need to prove that the goods were stolen but must prove that it is reasonable to assume the goods were stolen or otherwise unlawfully obtained. – Suspicion must be on the goods and not on the person who is in possession. Cannot base decision on the item being stolen on a person’s criminal history, only on the item. – Viable defence if the accused satisfies the court that he/she had no reasonable grounds for suspecting that the thing was stolen or otherwise unlawfully obtained.

Question 35

Property Damage - S.195 Crimes Act 1900 - Destroying or damaging property Part 1:

Answer 35

PART 1: 1. The accused 2. Intentionally or recklessly 3. Destroys or damage property 4. Belonging to another person or joint ownership Imprisonment for 5 years – Caused by fire or explosives = Imprisonment for 10 years.

Question 36

Property Damage - S.195 C Act 1900 - Destroying or damaging property Part 1(A):

Answer 36

PART 1(A): 1. The accused 2. In the company of another person or persons 3. Intentionally or recklessly 4. Destroys or damages property 5. Belonging to another person or to the person and another. Imprisonment for 6 years – Caused by fire or explosives = Imprisonment for 11 years.

Question 37

Property Damage - S.195 C Act 1900 - Destroying or damaging property Part 2:

Answer 37

Part 2 1. The accused 2. In the company of another person or persons 3. Intentionally or recklessly 4. During a public disorder 5. Destroys or damages property 6. Belonging to another person or to the person and another. Imprisonment for 7 years – Caused by fire or explosives = Imprisonment for 12 years.

Question 38

Property Damage - S.195 C Act 1900 - Destroying or damaging property - Table 1 offences:

Answer 38

TABLE 1: IF: Property value exceeds $5000 OR: Serious Injury (GBH or more) OR: The offence is listed in Table 1 of Schedule 1 of the Criminal Procedure Act 1986. Prosecution and Defence may opt for higher jurisdiction (District Court, Supreme Court).

Question 39

Property Damage - S.195 C Act 1900 - Destroying or damaging property - Table 2 offences:

Answer 39

TABLE 2: IF: Property value is less than $5000 OR: NOT a Serious injury (Less than GBH) OR: The offence is listed in Table 2 of Schedule 1 of the Criminal Procedure Act 1986. THIS MEANS: That the prosecution only may opt for higher jurisdiction (District Court, Supreme Court).

Question 40

What are the element for s35 CA Assault Occasioning Grievous Bodily Harm?

Answer 40

- The accused - Assaulted - The person - Causing grievous bodily harm and was reckless as to causing actual bodily harm. 10 years

Question 41

What are the elements to s195 Crimes act Destroying or damaging property?

Answer 41

``` 1- The accused. 2- Intentionally or recklessly. 3- Destroys or damages property. 4- Belonging to another person or joint ownership. - Imprisonment of 5 years. - Caused by fire or explosive 10 years. - Another person = 6 years. Fire and Explosives with another person = 11 years. - Public disorder = 7 years. Fire and Explosives = 12 ```