definitions of elements

Question 1

Assaults

Answer 1

The act of intentionally applying or attempting to apply force to another person directly or indirectly or threating by any act or gesture to apply such force to another if the person making the threat has, or causes the other to believe on reasonable grounds he has the present ability to affect their purpose.

Question 2

another person

Answer 2

it has to be another person other than the offender.

Question 3

dishonestly

Answer 3

Without belief that there was consent or authority from the owner

Question 4

without claim of right

Answer 4

no belief in the right to own or possess the property.

Question 5

Takes

Answer 5

physically moves

Question 6

any property

Answer 6

Anything whatsoever, whether tangible or intangible, that is the property o any person and has a value.

Question 7

With intent to deprive any owner permanently of that property

Answer 7

An intent to deprive the owner permanently of the property OR deal with the property in a manner so that it can not be restored to its original condition

Question 8

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

Answer 8

an intent to deprive any owner permanently of that part of the property in which they have an interest.

Question 9

Uses or deals with

Answer 9

exceeds the authority or conditions given by using or dealing with the property in any manner

Question 10

after obtaining possession or control of that property in whatever manner

Answer 10

legally obtained possession or control of that property for himself/herself or any other person

Question 11

Enters

Answer 11

entry is complete as soon as any part of the body or any part of an instrument used is within the building or ship

Question 12

Any building

any ship

Answer 12

any building or structure temporary or permanent

any vessel used in navigation

Question 13

without authority

Answer 13

an absence of authority, either express or implied from the person the defendant believes is legally able to give consent

Question 14

with intent to commit an imprisonable offence

Answer 14

there was be an intention to commit a cat 2,3 or 4 offence

Question 15

having entered

Answer 15

is physically inside

Question 16

remains without authority

Answer 16

remains when consent to be within the building or ship no longer applies

Question 17

accompanied by violence or threats of violence

Answer 17

violence or threats of violence before or at the time

Question 18

used to extort the property stolen

Answer 18

the violence or threats used by the offender are sufficient to cause the person to hand over the property against their will

Question 19

to prevent or overcome resistance to the property being stolen

Answer 19

the property is taken by the offender after resistance to its taking has been prevented or overcome

Question 20

receives

Answer 20

either exclusively or jointly with the thief or any other person has possession or control over anything unlawfully obtained or helps in its concealment or disposal.

Question 21

any property obtained by any other imprisonable offence

Answer 21

anything whatsoever that is the property of any person, has a value and has been obtained by an imprisonable offence other than theft.

Question 22

knowing that property to have been stolen or so obtained

Answer 22

believing at the time of receiving that the property had been stolen or obtained by any other imprisonable offence.

Question 23

being reckless as to whether the property had been stolen or so obtained.

Answer 23

receives the property despite the person consciously taking an unreasonable risk that the property might be stolen or obtained by any other imprisonable offence.

Question 24

but not so as to be guilty of theft

Answer 24

unable to prove an intention to permanently deprive the owner

Question 25

any aircraft

Answer 25

any machine that can derive support in the atmosphere from the reaction of the air

Question 26

interferes with

Answer 26

touches or deals with in any way

Question 27

Gets into OR gets upon

Answer 27

physically gets into or upon

Question 28

intentionally

Answer 28

a deliberate OR reckless act, without lawful justification, excuse or claim of right where the possible consequences are foreseen but continues to act regardless.

Question 29

Damages

Answer 29

temporary or permanent reduction in value and/or usefulness

Question 30

property

Answer 30

something that belongs to another person and is capable of being damaged

Question 31

sets fire to

Answer 31

damages through use of fire

Question 32

any tree or vegetation

Answer 32

any growing plant

Question 33

fights

Answer 33

punching, kicking,mauling ect by two or more willing participants.

Question 34

public place

Answer 34

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 any person from that place; and includes any aircraft, hovercraft, ship, ferry, other vessel, train, or vehicle carrying or available to carry passengers for reward. Also includes any interior of any vehicle in a public place.

Question 35

behaves in an offensive manner

Answer 35

behaves in a manner arousing feelings of anger, resentment or disgust that causes a disturbance to public order.

Question 36

behaves in a disorderly manner

Answer 36

behaves in a seriously disruptive manner that causes a disturbance to public order

Question 37

resists

Answer 37

requires some degree of force by the offender

Question 38

incites or encourages any other person to resist

Answer 38

urges or persuade any other person to use some degree of force.

Question 39

any constable or authorised officer or prison officer or traffic officer acting in the execution of their duty

Answer 39

the person must have been lawfully exercising their powers

Question 40

- intentionally obstructs | - incites or encourages any other person to obstruct

Answer 40

- deliberately making it more difficult for a person to carry out their duties - urge or persuade any person to make it more difficult for the person to carry out their duties

Question 41

trespasses

Answer 41

is on another person's property without authority or permission

Question 42

on any place

Answer 42

at any physical address

Question 43

after being warned to leave that place by an occupier of that place

Answer 43

must be told to leave by the lawful occupier of that address

Question 44

neglects or refuses to do so

Answer 44

after the warning, neglects or refuses to leave. Must be given reasonable time to leave

Question 45

being a person who has been warned under section 4 to stay off any place

Answer 45

a person who has been issued with a warning, either verbally or in writing to stay off a property

Question 46

wilfully trespasses on that place

Answer 46

the offender intentionally, deliberately, without mistake, returns to the premises

Question 47

found

Answer 47

to be seen, to be discovered, to come upon

Question 48

any enclosed yard or other such area

Answer 48

an enclosed yard, garden or area, appurtenant to a building

Question 49

without lawful authority or reasonable excuse

Answer 49

without a legal right or justification, authority or permission, no; lawful, genuine or reasonable excuse

Question 50

Any knife

Answer 50

any cutting blade

Question 51

any offensive weapon 202A 4 a

Answer 51

Any article made, altered or intended to cause bodily injury

Question 52

any disabling substance

Answer 52

intended for the purpose of disabling people

Question 53

in any place

Answer 53

any place; includes public and private places

Question 54

Any offensive weapon 202A 4 b

Answer 54

an article capable of causing bodily injury

Question 55

in circumstances that prima facie show an intention to use it commit an offence involving bodily injury or the threat or fear of violence

Answer 55

Actions by the offender show the person is intentionally going to use it to commit an offence involving some form of bodily injury, or the threat or fear of violence

Question 56

obscenely

Answer 56

reasonable observer would regard it with loathing, disgust or revulsion

Question 57

Genitals

Answer 57

Penis, testies, vulva and vagina

Question 58

wilfully does

Answer 58

deliberately or voluntarily and not accidental.

Question 59

indecent

Answer 59

Not conforming to generally acceptable standards of behaviour, especially in relation to sexual matters

Question 60

procure

Answer 60

purchase or obtain

Question 61

possess

Answer 61

knowingly has in their possession or under their control a usable quantity

Question 62

consume

Answer 62

ingest (eat or drink)

Question 63

smoke

Answer 63

inhale smoke

Question 64

otherwise use

Answer 64

use a drug in any manner whatsoever

Question 65

any controlled drug

Answer 65

any drug listed in the 1st, 2nd, or 3rd schedule of the Misuse of Drugs Act 1975

Question 66

cultivates

Answer 66

promote germination

Question 67

A prohibited plant

Answer 67

Any prohibited plant listed in section 2 of the Misuse of Drugs Act 1975

Question 68

Knowingly permits

Answer 68

intentionally allows

Question 69

any premises

Answer 69

land building or structure including surroundings

Question 70

any other mode of conveyance

Answer 70

any other means of transport

Question 71

any pipe

Answer 71

a container where material is burnt and the smoke is inhaled

Question 72

any utensil

Answer 72

instrument, vessel or implement for drug use

Question 73

Offensive behavior

Answer 73

Behaves in a manner arousing feelings of anger, resentment or disgust that causes a disturbance to the public.

Question 74

Disorderly behavior

Answer 74

Behaves in a seriously disruptive manner that causes a disturbance to public order