Offence Elements Flashcards by Michael E

Wilful Damage

Summary Offences Act 1981 s.11

S.11(1)(a)

intentionally
damages
property

S.11(1)(b)

intentionally
sets fire to
any tree or vegetation

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Theft (taking)

Crimes Act 1961 s.29(1)(a)

-dishonestly
-without claim of right
-takes
-any property
-with intent to deprive the owner permanently of that property
OR
with intent to deprive the owner permanently of any interest in that property

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Theft (uses)

Crimes Act 1961 s.219(1)(b)

-dishonestly
-without claim of right
-uses or deals with
-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
-after obtaining possession or control of that property in whatever manner

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Assault
Crimes Act 1961 s.196
Summary Offences Act 1981 s.9

assaults

- another person

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Assault with a weapon

Crimes Act 1961 s.202(1)(a)+(b)

-assaults
-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.

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Burglary

Crimes Act 1961 s.231(1)(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 an imprisonable offence in the building OR ship

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Burglary (having entered)

Crimes Act 1961 s.231(1)(b)

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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Robbery

Crimes Act 1961 s.234

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

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Unlawful takes vehicle (conversion of vehicle)

Crimes Act 1961 s.226(1)(a)(b)(c)

dishonestly
without claim of right
but not so as to be guilty of theft
takes
for his or her own purposes OR another person’s purposes
any vehicle OR ship OR aircraft OR any part of any vehicle, ship, or aircraft OR any horse

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Unlawful uses vehicle (conversion of vehicle)

Crimes Act 196 s.226(1)(a)(b)(c)

dishonestly
without claim of right
but not so as to be guilty of theft
uses
for his or her own purposes OR another person’s purposes
any vehicle OR ship OR aircraft OR any part of any vehicle, ship, or aircraft OR any horse

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Receiving

Crimes Act 1961 s.246(1)

-receives
-any property stolen OR any property 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

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Fighting in a public place
Summary Offences Act 1981 s.7

NOT IMPRISONABLE

fights

- in a public place

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Disorderly behaviour likely to cause offence

Summary Offences Act 1981 s.3

in a public place OR within view of a public place
behaves in OR incites or encourages any person to behave in
a riotous OR offensive OR threatening OR insulting OR disorderly manner
that is likely, in the circumstances, to cause violence against persons or property to start or continue

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Offensive OR disorderly behaviour
Summary Offences Act 1981 s.4(1)(a)

NOT IMPRISONABLE

in a public place OR within view of a public place

- behaves in an offensive manner OR behaves in a disorderly manner

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Disorderly Assembly

Summary Offences Act 1981 s.5A

an assembly of 3 or more persons
in any public place
assemble or conduct themselves in such a manner to cause persons in the immediate vicinity to fear on reasonable grounds
that those assembled will
use violence against persons or property OR commit an offence against section 3 of this act

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Excreting in a public place
Summary Offence Act 1981 s.32(1)

NOT IMPRISONABLE

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urinates or defecates

- in any public place

Resisting Police

Summary Offences Act 1981 s.23(a)

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resists OR incites or encourages any other person to resist
any constable, authorised officer, prison officer, or traffic officer in the execution of their duty.

Obstruction

Summary Offences Act 1981 s.23(a)

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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.

Trespass after warning to leave

Trespass act 1980 s.3(1)

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trespasses
on any place
after being warned to leave that place by an occupier of that place
neglects or refuses to do so

Trespass after previous warnings

Trespass act 1980 s.4(4)

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being a person who was been warned under section 4 to stay off any place
wilfully trespasses on that place
within 2 years

Possession of offensive weapons or disabling substances (public place)
Crimes Act 1961 s.202A(4)(a)

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without lawful authority or reasonable excuse
has with him or her
in any public place
any knife OR any offensive weapon OR any disabling substance

Possession of offensive weapons or disabling substances

Crimes Act 1961 s.202A(4)(b)

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has in his or her possession
in any place
any offensive weapon OR any disabling substance
in circumstances that Prima facie show an intention to use it to commit an offence involving bodily injury or the threat or fear of violence

Possession of a knife

Summary Offences Act 1981 s.13A

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in a public place
without reasonable excuse
has any knife
in his or her possession

Unlawful interferes with vehicle

Crimes Act 1961 s.226(2)

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dishonestly
without claim of right
interferes with
any vehicle OR ship OR aircraft

Dishonestly getting into OR upon | Crimes Act 1961 s.226(2)

- dishonestly - without claim of right - gets into OR gets upon - any vehicle OR ship OR aircraft

Possession of instruments | Crimes act 1961 s.227

- without lawful authority or excuse - has in his or her possssion - any instrument capable of being used for taking or converting - any vehicle OR ship OR aircraft - with intent to use for such a purpose

Preparing to commit an imprisonable offence | Summary Offences Act 1981 s. 28

- found - in any public place - behaving in a manner from which it can be reasonably inferred that the person is - preparing to commit an imprisonable offence

Conspiring to commit offence | Crimes Act 1961 s.310

- conspires - with any person - to commit any offence

Unlawful carriage OR possession of a firearm OR Airgun OR pistol OR restricted weapon OR explosive Arms Act 1983 s.45(1)(a) or (b)

- except for some lawful, proper and sufficient purpose - carries OR is in possession of - firearm OR Airgun OR pistol OR restricted weapon OR explosives

Carrying an imitation firearm | Arms Act 1983 s.46(1)

- except for some lawful, proper and sufficient purpose - carries - an imitation firearm

Discharging firearm OR Airgun OR pistol OR restricted weapon in or near a dwelling house OR public place. Arms Act 1983 s.48(a) or (b)

- without reasonable cause - discharges - a firearm OR Airgun OR pistol OR restricted weapon - in or near a dwelling house OR in or near a public place - so as to endanger property OR endanger any person OR annoy any person OR frighten any person.

Presenting a firearm | Arms Act 1983 s.52(1)

- except for some lawful and sufficient purpose - presents - firearm OR Airgun OR pistol OR restricted weapon - at any other person

Presenting anything | Arms Act 1983 s.52(2)

- except for some lawful and sufficient purpose - presents - at any other person - anything - in the circumstances, is likely to lead that person to believe that it is a firearm OR Airgun OR pistol OR restricted weapon.

Offence Elements Flashcards

(33 cards)