Offence Elements

Question 1

What are the elements for burglary (enters)?

Answer 1

1. Enters
2. Any building
3. Without authority
4. With intent to commit imprisonable offence inside that building.

Question 2

Theft elements?

Answer 2

1. Dishonestly
2. Without claim of right
3. Takes
4. Any property
5. With intent to permanently deprive owner of that property OR interest in that property.

Question 3

Wilful damage (a) elements?

Answer 3

1. Intentionally
2. Damages
3. property

Question 4

Wilful damage (b) elements?

Answer 4

1. Intentionally
2. Sets fire to
3. Any tree or vegetation

Question 5

Trespass after warning to leave elements?

Answer 5

1. Trespasses
2. On any place
3. After being warned to leave that place by an occupier of that place
4. Refuses or neglects to do so

Question 6

Burglary (having entered) elements?

Answer 6

1. Having entered
2. Any building
3. Remains without authority
4. With intent to commit imprisonabke offence inside that building

Question 7

Elements of assault?

Answer 7

1. Assaults
2. Another person

Question 8

Elements of fighting in public place?

Answer 8

1. Fights
2. In public place

Question 9

Trespass after previous warnings elements?

Answer 9

1. Being a person who has been warned under section 4 to stay off any place
2. Wilfully trespasses on that place
3. Within 2 years

Question 10

Being found on property without reasonable excuse (enclosed yard or area) elements?

Answer 10

1. Found
2. Without reasonable excuse
3. In
4. Any enclosed yard or other such area

Question 11

Being found on property without reasonable excuse elements?

Answer 11

1. Found
2. Without reasonable excuse
3. In or on
4. Any building OR aircraft OR hovercraft OR train OR vehicle

Question 12

Unlawfully interferes with vehicle elements?

Answer 12

1. Dishonestly
2. Without claim of right
3. Interferes with
4. Any vehicle OR ship OR aircraft

Question 13

Possession of offensive weapons or disabling substances (any place) elements?

Answer 13

1. Has in his or her possession
2. In any place
3. Any offensive weapon OR any disabling substance
4. In circumstances that prims facie show an intention to use it to comit an offence involving bodily injury or the threat or fear of violence

Question 14

Offensive OR disorderly behaviour elements?

Answer 14

1. In a public place OR within view of public place
2. Behaves in an offensive manner OR behaves in a disorderly manner

Question 15

Obstruction elements?

Answer 15

1. Intentionally obstructs OR incites or encourages any other person to obstruct
2. Any Constable or AO or prison or traffics officer acting in execution of their duty.