Elements (1) (2)

Question 1

Assault

Answer 1

• Assaults (Direct, indirect, conditional or transfer of malice)
• Another person

Question 2

Assault with Weapon elements

Answer 2

• Assault
• Another person

• 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

Question 3

Wilful Damage (property)

Answer 3

• Intentionally
• Damages
• Property

Question 4

Wilful Damage (vegetation)

Answer 4

• Intentionally
• Sets fire to
• Any tree or vegetation

Question 5

Theft (takes)

Answer 5

• Dishonestly
• Without claim of right
• Takes
• Any property
• With intent to deprive any owner permanently of that property (OR of any interest in that property)

Question 6

Theft (using or dealing) elements

Answer 6

• Dishonestly
• Without claim of right
• Uses or deals with
• Any property
• With intent to deprive any owner permanently of that property (OR of any interest in that property)
• After obtaining possession or control of that property in whatever manner

Question 7

Burglary (enters) elements

Answer 7

• Enters
• Any building OR ship (OR part of building OR ship)
• Without authority
• With intent to commit an imprisonable offence in the building OR ship

Question 8

Burglary (having entered)

Answer 8

• Having entered
• Any building OR ship
• Remains without authority
• With intent to commit an imprisonable offence in the building OR ship

Question 9

Aggravated Burglary elements

Answer 9

• While committing a burglary

* Has a weapon with them (OR uses anything as a weapon)

Question 10

Robbery

Answer 10

• Theft (All elements of theft must be present)
• Accompanied by violence (OR by threats of violence)
• To any person (OR to any property)
• Used to extort the property stolen (OR to prevent to overcome resistance to the property being stolen)

Question 11

What is/makes it Aggravated Robbery

Answer 11

• A person robs another person (All elements of robbery must be present)
• And either:
• 2 or more people commit offence or
• Armed with offensive weapon or
• Causes GBH

Question 12

Take/Obtain Document

Answer 12

• Dishonestly
• Without claim of right
• Takes (OR obtains)
• Any document
• With intent to obtain
• Property (OR service OR pecuniary advantage OR valuable consideration)

Question 13

Uses/attempts to use document

Answer 13

• Dishonestly
• Without claim of right
• Uses (OR attempts to use)
• Any document
• With intent to obtain
• Property (OR service OR pecuniary advantage OR valuable consideration)

Question 14

Receiving

Answer 14

• Receives
• Any property stolen (OR obtained by any other imprisonable offence)
• Knowing that property to have been stolen or so obtained OR
• Being reckless as to whether the property had been stolen or so obtained

Question 15

Unlawful takes/uses vehicle elements

Answer 15

• Dishonestly
• Without claim of right
• But not so as to be guilty of theft
• Takes OR uses
• For his or her own purposes (OR another person’s purposes)
• Any vehicle (OR ship OR aircraft OR any part of any vehicle OR ship OR aircraft OR horse)

Question 16

Unlawful gets into/upon any vehicle

Answer 16

• Dishonestly
• Without claim of right
• Gets into OR upon
• Any vehicle (OR ship OR aircraft)

Question 17

Possession of instruments (for unlawful taking)

Answer 17

• Without lawful authority (OR excuse)
• Had in his possession
• Any instruments capable of being used for taking (OR converting)
• Any vehicle (OR ship OR aircraft)
• With intent to use for such a purpose

Question 18

Unlawful interferes with vehicle

Answer 18

• Dishonestly
• Without claim of right
• Interferes with
• Any vehicle (OR ship OR aircraft)

Question 19

Trespass (warned to leave) elements

Answer 19

• Trespasses
• On any place
• After being warned to leave that place by an occupier of that place
• Neglects OR refuses to do so

Question 20

Trespass (within 2 years)

Answer 20

• Being a person who has been warned under Section 4 to stay off any place
• Wilfully trespassed on that place
• Within 2 years

Question 21

Unlawfully on property

Answer 21

• Found
• Without reasonable excuse
• In OR on
• Any building (OR aircraft OR ship OR vessel OR train OR vehicle)

Question 22

Unlawfully in enclosed yard

Answer 22

• Found
• Without reasonable excuse
• In
• An enclosed yard (OR such an area)

Question 23

Fighting in public place

Answer 23

• Fights

* In a public place

Question 24

Disorderly/offensive behaviour elements

Answer 24

• In a public place (OR within view of a public place)

* Behaves in an offensive manner OR disorderly manner

Question 25

Public place definition

Answer 25

• 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 that place is lawfully entitled to exclude or eject that person form that place
• And includes any aircraft, hovercraft, ship, ferry, other vessel, train, vehicle
• That is carrying or available to carry passengers for reward
• And includes the interior of any vehicle which is in a public place

Question 26

Resists Police

Answer 26

• Resists (OR incites or encourages any other person to resist)
• Any constable, authorised officer, prison officer or traffic officer acting in the execution of their duty

Question 27

Obstructs Police elements

Answer 27

• Intentionally obstructs (OR incites or encourages any other person to obstruct)
• Any constable, authorised officer, prison officer or traffic officer acting in the execution of their duty

Question 28

Indecent Exposure elements

Answer 28

In OR within view of a public place

Intentionally and obscenely

Exposes any part of his or her genitals

Defence for this offence

The defendant proves that they had RGTB that they would not be observed