Criminal Liabilities Flashcards
(40 cards)
What are the ingredients for Intentional Damage?
1) Intentionally
2) Damages
3) Property
What are the ingredients for Theft?
1) Dishonestly
2) Without claim of right
3) Takes
4) Any property
5) With intent to deprive any owner permanently of that property OR With intent to deprive any owner permanently of any interest in that property
What are the ingredients of Theft by using or dealing?
1) Dishonestly
2) Without claim of right
3) Uses or deals with
4) Any property
5) With intent to deprive any owner permanently of that property OR With intent to deprive any owner permanently of any interest in that property
6) After obtaining possession or control of that property in whatever manner
What are the ingredients for Assault?
1) Assaults
2) Another person
What are the ingredients for Assault with a weapon
1) Assaults
2) Another person
3) Using anything as a weapon OR Having anything with him or her in circumstances that prima facie show an intention to use it as a weapon
What are the ingredients for Burglary (enters)?
1) Enters
2) Any building OR Any ship OR Any part of any building OR Any part of any ship
3) Without authority
4) With intent to commit an imprisonable offence in the building OR Ship
What are the ingredients for Burglary(having entered)?
1) Having entered
2) Any building Or Any ship
3) Remains without authority
4) With intent to commit an imprisonable offence in the building OR Ship.
What are the ingredients for Intentional Damage (fire to a tree)?
1) Intentionally
2) Sets fire to
3) Any tree or vegetation
What are the ingredients for robbery?
Crimes Act 1961
1) Theft
2) Accompanied by violence OR accompanied by threats of violence
3) To any person OR To any property
4) Used to extort the property stolen OR to prevent or overcome resistance to the property being stolen
What are the 3 factors that can aggravate a robbery?
1) Causing grievous bodily harm at the time, immediately before or after the robbery.
2) having 2 or more offenders committing the robbery.
3) a person armed with an offensive weapon or instrument, which includes a firearm.
What are the ingredients for Fighting in a public place?
(1) Fights
(2) In a public place
What is the definition for a public place?
A place that at any material time is open to, or 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 that person form that place and includes any: aircraft, hovercraft, ship, ferry, train, vehicle, etc that is carrying or available to carry passengers for reward and includes the interior of any vehicle which is in a public place.
What are the ingredients of receiving?
(1) Receives
(2) Any property Stolen OR Any property obtained by any other imprisonable offence
(3) Knowing that property to have been stolen or so obtained OR Being reckless as to whether the property had been stolen or so obtained
What are the ingredients for Dishonestly taking a vehicle OR Dishonestly using a vehicle?
(1) Dishonestly
(2) Without claim of right
(3) but not so as to be guilty of theft
(4) Takes OR USes
(5) For any person’s purpose
(6) Any vehicle OR Any ship OR Any aircraft OR any part of any vehicle, ship or aircraft OR Any horse
What are the ingredients for Dishonestly Taking a Document OR Dishonestly Obtaining a Document?
(1) Dishonestly
(2) Without claim of right
(3) Takes OR Obtains
(4) Any document
(5) With intent to obtain
(6) Property OR Service OR Pecuniary advantage or Valuable consideration.
What are the ingredients for Dishonestly uses or attempts to use a document under the Crimes Act 1961?
(1) Dishonestly
(2) Without claim of right
(3) Uses or attempts to use
(4) Any document
(5) with intent to obtain
(6) Property OR Service OR Pecuniary advantage OR Valuable consideration.
What are the ingredients of Peeping or Peering into a Dwelling House in the Crimes Act 1961?
(1) Found
(2) By Night
(3) Without reasonable excuse
(4) Peeping or peering
(5) Into a dwelling house
What are the ingredients for Unlawfully on Property according to the Summary Offences Act 1981?
(1) Found
(2) Without reasonable excuse
(3) In OR On
(4) Any building OR Any enclosed yard OR Any aircraft OR Any Ship OR Any train OR Any vehicle
What are the ingredients for Disorderly Behaviour Likely to Cause Violence according to the Summary Offences Act 1981?
(1) In a public place OR Within view of a public place.
(2) Behaves in OR Incites or encourages any other person to Behave in
(3) A riotous manner OR An offensive manner OR A threatening manner OR An insulting Manner OR A disorderly manner
(4) in circumstances that are likely to cause violence against persons or property to start or continue.
What are the ingredients of Dishonest Interference according to the Crimes Act 1961?
(1) Dishonestly
(2) Without claim of right
(3) Interferes with
(4) Any vehicle OR Any ship OR Any aircraft.
What are the ingredients of Dishonestly Getting Into OR Upon according to the Crimes Act 1961?
(1) Dishonestly
(2) Without claim of right
(3) Gets into OR Gets upon
(4) Any vehicle OR Any ship OR Any aircraft
What are the ingredients for Trespass after warning to leave under the Trespass Act 1980?
(1) Trespasses
(2) On any place
(3) After being warned to leave that place by an occupier of that place
(4) Neglects or refuses to do so
What are the ingredients for Trespasses after previous warnings under the Trespass Act 1980?
(1) Being a person who has been warned under Section 4 to stay off any place
(2) Willfully trespasses on that place
(3) Within two years
What are the defenses to trespassing?
- They trespass for their own protection
- They trespass for the protection of someone else
- They trespass for an emergency involving their property or the property of some other person
