Elements of all offences Flashcards

1
Q

What are the elements for assault:

A

Assaults

Another person

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2
Q

What are the elements for Wilful Damage (1)(a):

A

Intentionally

Damages

Property

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3
Q

What are the elements for Wilful Damage (1)(b)

A

Intentionally

Sets fire to

Any tree or vegetation

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4
Q

What are the elements for Trespass After Warning to leave:

A

Trespasses

On any place

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

Neglects or refuses to do so

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5
Q

What are the elements for Trespass After Previous Warning:

A

Being a person who has been warned under section 4 to stay of any place.

Wilfully trespasses on that place

Within 2 years

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6
Q

What are the elements for Being Found on Property Without Reasonable Excuse (Building/Transport):

A

Found

Without reasonable excuse

In
OR
On

Any building 
OR 
Any aircraft
OR
Any hovercraft
OR
Any ship, ferry or other vessel
OR
Any train
OR
Any Vehicle
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7
Q

What are the elements for Being Found on Property Without Reasonable Excuse (Enclosed yard or area):

A

Found

Without reasonable excuse

In

Any enclosed yard or other such area

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8
Q

What are the elements for Fighting in a public place:

A

Fights

In a public place

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9
Q

What are the elements for Offensive OR Disorderly Behaviour:

A

In a public public
OR
Within view of a public place

Behave in a offensive manner
OR
Behaves in a disorderly manner

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10
Q

What are the elements for Resisting Police:

A

Resists
OR
Incites or encourages any other person to resist

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

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11
Q

What are the elements for Obstruction (Resisting Police):

A

Intentionally obstructs
OR
Incites or encourages any other person to obstruct

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

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12
Q

What are the elements of Theft (takes):

A

Dishonestly

Without claim of right

Takes

Any property

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

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13
Q

What are the elements for Theft (using and dealing)

A

Dishonestly

Without claim of right

Uses or deals with

Any property

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

After obtaining possession or control of that property in whatever manner

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14
Q

What are the elements of Burglary (Enters):

A

Enters

Any building 
OR
Any Ship 
OR 
Any part of a building 
OR 
Any part of a ship

Without authority

With intent to commit a imprisonable offence in the building
OR
With intent to commit a imprisonable offence in the ship

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15
Q

What are the elements of Burglary (Having Entered):

A

Having entered

Any Building
OR
Any Ship

Remains without authority

With intent to commit an imprisonable offence in the building
OR
Ship

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16
Q

What are the elements for Robbery:

A

Theft

Accompanied by violence
OR
Accompanied by threats of violence

To any person
OR
To any property

Used to extort the property stolen
OR
To prevent or overcome resistance to the property being stolen

17
Q

What are the elements for Receiving:

A

Receives

Any property stolen
OR
Any property obtained by any other imprisonable offence

Knowing that property to be stolen or so obtained
OR
Reckless as to whether the property had been stolen or so obtained.