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Criminal Liabilities > Definitions > Flashcards

Definitions Flashcards

(135 cards)

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0
Q

Damages

A

Temporary or permanent reduction in the value and or usefulness of the property

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1
Q

Intentionally

A

A deliberate or reckless act without lawful justification, excuse or claim of right

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2
Q

Property

A

Belongs to another person

And is capable of being damaged

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3
Q

Sets fire to

A

Damage through fire

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4
Q

Any tree of vegetation

A

Any growing plant

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5
Q

Dishonestly

A

Without belief of consent or authority from owner

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6
Q

Without claim of right

A

No belief act is lawful

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7
Q

Takes

A

Physically takes OR moves property

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8
Q

Any property

A

Anything that is the property of any person and has value

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9
Q

With an intent to deprive any owner permanently of that property

A

Deprive the owner permanently OR deal with it so that it cannot be restored to its original condition

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10
Q

With intent to deprive any owner permanently of any interest in that property

A

Deprive the owner permanently of there interest

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11
Q

Uses or deals with

A

Has possession or control of property that exceeds the authority or condition given by using or dealing in any manner

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12
Q

After obtaining possession or control of that property in whatever manner

A

Obtains possession or control for himself/herself or any other person

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13
Q

Assaults

A

Acts of intentionally applying or attempting to apply force to the person of another directly or indirectly or threatening by any act or gesture to apply such force to the person of another if the person making the threat has or causes the other to believe on reasonable grounds that they have the present ability to effect their purpose

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14
Q

Another person

A

It has to be another person other than the offender

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15
Q

Using anything as a weapon

A

An object of some sort used as a weapon

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16
Q

Having anything with him or her in circumstances that prima facile show an intention to use it as a weapon

A

An object of some sort on the offender or reasonably available. Circumstances must show an intention to use object as a weapon

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17
Q

Theft

A

Theft is complete when (identify as appropriate)

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18
Q

Accompanied by violence

A

Actual violence immediately before or at the time of the theft

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19
Q

Accompanied by threats of violence

A

Threat of violence before or at the time of the theft, demonstrated by conduct or words

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20
Q

To any person

A

The person robbed or any other person

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21
Q

To any property

A

Any property whatsoever

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22
Q

Used to extort the property stolen

A

The violence or threats sufficient to cause hand over of property against their will

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23
Q

To prevent or overcome resistance to the property being stolen

A

Property taken, after any resistance prevented or overcome

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24
Having entered
Is physically inside
25
Any building + Any part of any building
Any building or structure, permanent or temporary Part of any building or structure, permanent or temporary
26
Any ship + Any part of any ship
Any vessel used in navigation Part or any vessel used in navigation
27
Remains without authority
Remains when consent to be within no longer applies
28
With intent to commit an imprisonable offence in the building OR Ship
Intention to commit an imprisonable offence in the building or ship
29
Enters
Entry is complete as soon as any part of the body of the person or instrument used by the person is within
30
Without authority
An absence of authority from a person legally able to give consent
31
Obtains
Physically transfers possession
32
Any document
Something that conveys information
33
Property
Anything whatsoever that is the property of any person and has value
34
Service
Non-tangible assistance
35
Pecuniary advantage
An economic advantage
36
Valuable consideration
A compensation or fee
37
Uses
Physically uses
38
Attempts to use
Physically attempts to use
39
With intent to obtain
Obtain or retain for himself or herself or any other person
40
Fights
Two or more willing participants
41
In a public place
A place that at any material time, is open to or is 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 any person from that place and includes any aircraft, hovercraft, ship or ferry or other vessel, train or vehicle carrying or available to carry passengers for reward. Also includes the interior of any vehicle which is in a public place.
42
Resists
Opposing force to actively resist
43
Incites any other person to resist
Urges on another person to use opposing force to actively resist
44
Encourages any other person to resist
Advises another person to use opposing force to actively resist
45
Any constable acting in the execution of their duty
Lawful duty
46
Intentionally
Deliberate act
47
Obstructs
More difficult for constable to carry out their duties
48
Incites any other person to obstruct
Urges on another person to make it more difficult for constable to carry out their duties
49
Encourages another person to obstruct
Advices another person to make it more difficult for a constable to carry out their duties
50
But not so as to be guilty of theft
Unable to prove an intention to permanently deprive the owner
51
Uses
Gains possession or control but exceeds authority or conditions given by owner by using it in any manner
52
For any persons purpose
Own or another persons purpose
53
Any horse
Any type of horse
54
Any part of an vehicle ship or aircraft
Any part removed from (use type)
55
Any vehicle
Contrivance equipped with wheels, tracks or revolving runners on which it moves or is moved
56
Any aircraft
Machine that can derive support in atmosphere from reaction of air
57
Without lawful authority or excuse
Without a legal right No lawful, genuine or reasonable excuse
58
Has in his possession
Possession OR immediate control
59
Any instrument capable of being used for taking or converting
Any object whatsoever
60
With intent to use if for such a purpose
Intention to use instrument to take or convert
61
Interferes with
Touches or deals with in any manner
62
Gets into
Physically gets into
63
Gets upon
Physically gets upon
64
Trespasses
On another persons property without authority
65
On any place
Physical address
66
After being warned to leave that place by any occupier of that place
Told by lawful occupier
67
Neglects or refuses to do so
After being warned, neglects or refuses Must be given reasonable time
68
Wilfully trespasses on that place
Intentionally returns to premises
69
Being a person who has been warned under section 4 to stay off any place
Issued with warning to stay off a property
70
Within two years
Within two years after giving of warning
71
Receives
Either exclusively or jointly, theft of another person. Has possession or control over anything unlawfully obtained or helps in its concealment or disposal
72
Any property stolen
Anything whatsoever, property of any person has value and has been stolen
73
Any property obtained by any other imprisonable offence
Anything whatsoever, the property of any person, has value, has been obtained by an imprisonable offence other than theft
74
Knowing that property to have been stolen or so obtained
Knowledge at the time of receiving, property stolen or obtained
75
Being reckless as to whether the property has been stolen or so obtained
Receives the property despite circumstances that indicate stolen or obtained
76
Found
Discovered on Seen entering Seen leaving Seen
77
By night
Between sunset and sunrise
78
Without reasonable excuse
No lawful, genuine or reasonable excuse
79
Peeping or peering
Deliberate look
80
Into a dwelling house
A residence, place of abode
81
In
Physically inside of
82
On
Physically on
83
Any enclosed yard
Any closed area
84
Any train
Any vehicle that runs on or uses a railway line
85
Has with him
Possession OR immediate control
86
Any knife
Any cutting blade
87
Any offensive weapon
Any article made, altered or intended for causing bodily injury
88
Any disabling substance
Intended for the purpose of disabling people
89
Has in his possession
Possession OR under their control
90
In any place
Any place at all
91
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
Actions by the offender
92
Any offensive weapon (2)
Any article capable of being used for causing bodily injury
93
Riotous manner
Likely to cause alarm
94
Offensive manner
Feelings of repulsion
95
Threatening manner
Fall short of assault
96
Insulting manner
Persons life or upbringing
97
Disorderly manner
Cause annoyance or disturbance against orderly conduct
98
In circumstances that are likely to cause violence to persons or property to start or continue
Violence likely to continue because of nature and magnitude of behaviour
99
Behaves in an offensive manner
Manner arouses feelings of repulsion
100
Behaves in a disorderly manner
Manner cause annoyance or disturbance against orderly conduct
101
Procure
Purchase or obtain
102
Possess
Knowingly has possession in usable quantity
103
Consume
Ingest
104
Smoke
Inhale smoke
105
Otherwise use
Use drug in any manner
106
Any controlled drug
Any drug listed in the first, second or third schedule of the misuse of drugs act 1975
107
Any pipe
Container where material burnt and smoke inhaled
108
Any utensils
Instruments or implements for drug use
109
For the purpose of the commission of an offence against the misuse of drugs act 1975
An intention to use for the purpose of an offence against the misuse of drugs act 1975
110
Knowingly permits
Intentionally allows
111
Any premises
Land, building or structure
112
Other mode of conveyance
Any other means of transport
113
Cultivates
To grow
114
A prohibited plant
A prohibited plant listed under section 2 of the misuse of drugs act 1975
115
Except for some lawful proper and sufficient purpose
Without reasonable excuse in the circumstances
116
Carries
Actually has weapon on or about him
117
An imitation firearm
Has appearance of firearm
118
Presents
Deploy or display in a threatening way
119
Firearm
Projectile discharged by force of explosive
120
Air gun
Discharging projectiles by the use of gas or compressed air
121
Pistol
Held and fired with one hand and includes any firearm under 762mm long
122
Restricted weapon
Declared by Governor General
123
At any other person
Must be another person
124
Anything
Anything at all
125
In circumstances which lead the other person to believe it is a firearm
Actions, article must cause the other person to believe it is a firearm
126
Without reasonable cause
No genuine or reasonable excuse depending on circumstances
127
Discharges
Fires or releases or let's go
128
In or near a dwelling house
Inside or near a residence or place of abode
129
So as to endanger property
Put property of another at risk
130
So as to endanger any person
To put person at risk or injury
131
So as to annoy any person
Distress a person
132
So as to frighten any person
Scare a person
133
Is in possession of
In their possession or under there control
134
Explosives
Any substance capable of exploding

Criminal Liabilities (2 decks)

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