Initial training Flashcards
(137 cards)
What is the definition of wilful damage?
Intentionally A deliberate act, without lawful justification, excuse or claim of right.
OR
A reckless act [where the possible consequences are foreseen but continues the act regardless of the risk], without lawful justification, excuse or claim of right. Damages:
Temporary or permanent reduction in the value and/or usefulness of the property. Property Something that belongs to another person and is capable of being damaged.
What is the definition of Assault :
Assaults 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.
Another person: It has to be another person other than the offender.
If weapon, any sort (anything) used as a weapon.
what are the elements of theft:
takes
Dishonestly Without a belief that there was consent or authority from the owner.
Without claim of right No belief in a right to own or possess the property.
Takes Physically moves the property.
Any Property Anything whatsoever, whether tangible or intangible, that is the property of any person and has value.
With intent to deprive any owner permanently of that property
OR
With intent to deprive any owner permanently of any interest in that property
An intent to deprive the owner permanently of the property
OR
deal with the property in a manner so that it cannot be restored to its original condition.
An intent to deprive the owner permanently of that part of the property in which they have an interest.
What are the elements for theft ( uses or deals with)?
Dishonestly Without a belief that there was consent or authority from the owner.
Without claim of right No belief in a right to own or possess the property.
Uses or deals with Exceeds the authority or conditions given by using or dealing with the property in any manner
Any Property Anything whatsoever, whether tangible or intangible, that is the property of any person and has value.
With intent to deprive any owner permanently of that property
OR
With intent to deprive any owner permanently of any interest in that property
An intent to deprive the owner permanently of the property
OR
deal with the property in a manner so that it cannot be restored to its original condition.
An intent to deprive the owner permanently of that part of the property to which they have an interest.
After obtaining possession or control of that property in whatever manner
Obtained possession or control of that property for himself/herself or any other person.
What are the elements for unlawfully takes motor vehicle ?
Dishonestly Without a belief that there was consent or authority from the owner. Without claim of right
No belief in a right to own or possess the property.
But not so as to be guilty of theft
Unable to prove an intention to permanently deprive the owner.
Takes
Physically moves the property.
For any person’s purpose
For their own purposes
OR
another person’s purposes.
Any vehicle
OR
Any ship
OR
Any Aircraft
OR
Any part of any vehicle, ship or aircraft
OR
Any type of vehicle.
Any vessel used in navigation, however propelled.
Any machine that can derive support in the atmosphere from the reaction of the air.
Any part removed from (use relevant definition above)
Any horse Any type of horse.
What are the elements for Unlawful interferes with vehicle:
Dishonestly Without a belief that there was consent or authority from the owner. Without claim of right
No belief in a right to own or possess the property.
Interferes with
Touches or deals with in any way.
Any vehicle
OR
Any Ship
OR
Any aircraft
Any type of vehicle.
Any vessel used in navigation, however propelled.
Any machine that can derive support in the atmosphere fr
What are the elements for Burglary:
Enters Entry is complete as soon as any part of the body of the person or any part of any instrument used by that person, is within the building or ship. Any building
OR
Any building or structure of any description, whether permanent or temporary; and includes a tent, caravan, or houseboat; and also includes any enclosed yard or any closed cave or closed tunnel.
Any ship
OR
Any vessel used in navigation, however propelled.
Any part of a building
OR
Part of any building or structure of any description, whether permanent or temporary; and includes a tent, caravan, or houseboat; and also includes any enclosed yard or any closed cave or closed tunnel.
Any part of a ship
Part of any vessel used in navigation, however propelled.
Without authority An absence of authority, either expressed or implied, from a person the defendant believes is legally able to give consent.
With intent to commit an imprisonable offence in the building
OR
ship
There must be an intention to commit an imprisonable offence in the building
there must be an intention to commit an imprisonable offence in the ship.
- Having entered : is physically in the building.
any building any ship: any building or structure of description whether temporary or permanent, includes tent and closed yard.
Remains without authority : remain consent to be with in the building in no longer applies.
Intent to commit any imprisonable offcence.
What are the elements for Robbery?
Theft Theft is complete when… (identify as appropriate). Accompanied by violence
OR
Violence before or at the time of the theft.
Accompanied by threats of violence
Threat of violence before or at the time of the theft, demonstrated by conduct or words.
To any person
OR
The person who has been threatened with violence
OR
the person who had violence used against them.
To any property The property that has been threatened with violence
OR
the property that had violence used against it.
Used to extort the property stolen
OR
The violence or threats used by the offender are sufficient to cause the person to hand over the property against their will.
To prevent or overcome resistance to the property being stolen
The property is taken by the offender after any resistance to its taking has been prevented or overcome.
What are the elements for obstruct :
Intentionally obstructs
OR
Incites or encourages any other person to obstruct
Deliberately making it more difficult for a person to carry out their duties.
Urge or persuade any other person to make it more difficult for the person to carry out their duties.
Any constable or authorised officer or prison officer or traffic officer acting in the execution of their duty
The person must have been lawfully exercising their
What are the elements for resisting Police:
Resists
OR
Requires some degree of force by the offender.
Incites or encourages any other person to resist
Urge or persuade any other person to use some degree of force.
Any constable or authorised officer or prison officer or traffic officer acting in the execution of their duty
The person must have been lawfully exercising their powers.
What is the definition of public place:
A place that ay 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 eject or exclude that person from that place.
That is carrying or available to carry passgengers for reward and includes the interior of any vehicle which is in a public place.
Definition of fight
Fighting is punching, striking, mauling, wrestling, etc, between two or more willing participants.
What are the definitions for Tresspass section 3 :
Trespasses
Is on another person’s property without authority or permission.
On any place
At any physical address
After being warned to leave that place by an occupier of that place
Must be told to leave by the lawful occupier of that address
Neglects or refuses to do so
After the warning, neglects or refuses to leave. The person must be given a reasonable time to leave.
What are the elements for Section 4 of tresspass:
Being a person who has been warned under Section 4 to stay off any place
A person who has been issued with a warning, either verbally or in writing, to stay off a property.
Wilfully trespasses on that place
The offender intentionally, deliberately, without mistake, returns to the premises.
Within two years
Within two years after the giving of the warning.
Legal defence section of tresspass Act:
For their own protection, the protection of other people , an emergency involving their property or the property of some other person and the occupier who gave the warning no longer occupies the place.
Using force for tresspass
Must not strike or do bodily harm to that person. 56 Act
What details can you obtain from the person who is found tresspass under section 9?
Name, address or firearm licence number if they are in possession of a firearm
What are the elements for being found on property without reasonable excuse:
Enclosed area
Found - to be seen, to be discovered and to come upon
Without reasonable excuse
in Physically inside of
any enclosed yard.
In S/s 2012 , what is CADD?
Concealed, Altered , Damaged and Destroy.
Section 8 of S/S 2012?
Entry without Warrant to aviod loss of offender and eveidential material (CADD)
What is section 95 LTA?
Police can suspend the driver for 28 days.
Breath alcohol 650mg/ breath, 130mg blood
any person that drove +40 km over the limit in a permanent area and 50km over in a temporary area.
What is section 114 of LTA?
You can stop the vehicle (3T)
for 15 mins( Demanding details of driver)
Section 7 of S/S 2012
Entry without Warrant to arrest if some is unlawfully large.
What is Section 14 of S/S 2012
Entry without Warrant to prevent or respond to risk ot life or safety (injury to someone , Serious damage or loss of property and there is life risk or safety of any person)