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Offenses Act > Offences > Flashcards

Offences Flashcards

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1
Q

What are the elements of assault?

A

Assaults
Another person

Has to involve another person. You can not assault yourself

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2
Q

What is direct assault?

A

Where there is a deliberate act to strike or hit another person

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3
Q

What is indirect assault?

A

Where the force is not directly applied to another person

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4
Q

What is conditional assault?

A

When someone threatens another person. For example, if you don’t leave my property I’ll stab you

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5
Q

What is transfer of malice?

A

When you go to hit someone but you may miss and accidentally hit an unintended target

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6
Q

What three factors must be considered when deciding on an assault charge?

A

Intent to injure
Weapon or degree of force
Injury sustained

IF ONE OF THESE FACTORS CANT BE PROVEN THEN ITS NOT ASSAULT

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7
Q

Describe assault

A

Acts of intentionally applying or attempting to apply force either directly or indirectly

OR

Threatening to apply force

MUST BE TO ANOTHER PERSON.

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8
Q

What are the elements of wilful damage section 11(1)a

A

Intentionally
Damages
Property

OR

Intentionally
Sets fire to
Any tree or vegetation

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9
Q

What are the elements of wilful damage section 11(1)b

A

Intentionally
Sets fire to
Any tree or vegetation

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10
Q

How can you describe damages for wilful damage

A

Making the item of lesser value than it was prior to the act

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11
Q

What are the elements for section 3 of the trespass act?

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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12
Q

What are the legal defences for section 3 of the trespass act

A

Their own protection
The protection of someone else
An emergency involving their property or the property of some other person

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13
Q

What is the timeframe for prosecution to be commenced in relation to wilful damage?

A

6 months max

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14
Q

What are the elements for section 4 of the trespass act?

A

Being a person who has been warned under section 4 to stay off any place
Wilfully trespass on that place
Within two years

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15
Q

What are the legal defences for section 4 of the trespass act?

A

Their own protection
The protection of someone else
An emergency involving their property or the property of some other person
The occupier who gave the warning no longer occupies the place concerned

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16
Q

What info can be demanded by an officer seeking to issue a trespass notice?

A

Name

Address

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17
Q

Where do your arrest powers come from in relation to section 3 and 4 of the trespass act

A

Section 315(2)a or b of the crimes act 1961

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18
Q

What constitutes a public place?

A

Any place where someone is lawfully able to be at that time. Eg, mall until close as it then becomes private

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19
Q

What are the elements for fighting in a public place?

A

Fights

In a public place

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20
Q

What are the elements for offensive behaviour?

A

In a public place
OR
within view of a public place

Behaves in an offensive manner

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21
Q

What are the elements for disorderly behaviour?

A

In a public place
OR
Within view of a public place

Behaves in a disorderly manner

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22
Q

What are the elements of 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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23
Q

What are the elements of obstruction?

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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24
Q

Why is knowing the value of an item important in relation to a theft offence?

A

Because the value of the item dictates the severity of the sentence

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25
What are the elements of theft by taking?
Dishonestly Without claim of right Takes Any property With the intent to deprive any owner permanently of that property OR With the intent to deprive any owner permanently of any interest in that property
26
What the elements of theft by using or dealing?
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
27
What is the difference between theft by taking and theft by using?
Theft by taking is when you steal something whereas theft by using is more like when you loan something and don’t hand it back in the agreed upon timeframe
28
What are the elements of burglary?
Enters Any building OR any ship OR any part of a building OR any part of a ship Without authority With intent to commit and imprisonable offence in the building OR in a ship
29
What are the elements for burglary (having entered)?
Having entered Any building OR any ship Remains without authority With the intent to commit an imprisonable offence in the building OR ship
30
What is the difference between burg and agg burg?
Agg burg is a burg but has to be in possession of a weapon with intent to use it or actually use it. If the assault then happens off the building site, it’s then assault instead of agg burg
31
What does artifice mean in relation to burgs
Involves a cunning or conning approach to enter in to someone’s home. Eg, posing as a worker from a company
32
What are the elements of robbery?
Theft Accompanied by violence OR 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 been stolen
33
What constitutes ag robbery
Having one or more of these factors 2 or more offenders Cause GBH Armed with weapons
34
What are the elements for receiving
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
35
What is the essential element of guilty knowledge in relation to receiving and how can it be proven?
Direct evidence. Eg, a statement straight from the thief stating that the person receiving knew it was stolen
36
What is the doctrine of recent possession?
If a person is found in possession of an item which has been stolen. The legal assumption is that the person has either stolen the item or received stolen goods
37
What are the elements of unlawful takes vehicle?
Dishonestly Without claim of right But no so as to be guilty of theft Takes For his or her purposes OR another persons purposes Any vehicle OR ship OR any aircraft OR any part of any vehicle, ship or aircraft OR any horse
38
What are the elements for unlawful uses vehicle
Dishonestly Without claim of right But no so as to be guilty of theft Uses For his or her purposes OR another persons purposes Any vehicle OR ship OR any aircraft OR any part of any vehicle, ship or aircraft OR any horse
39
What are the elements for unlawful interferes with vehicle
Dishonestly Without claim of right Interferes with Any vehicle OR any ship OR any aircraft
40
What are the elements for unlawfully getting into OR upon
Dishonestly Without claim of right Gets into OR on Any vehicle OR any ship OR any aircraft
41
If you deprive a person of “interest” in theft by uses, what does interest look like?
There must have been an element of joint ownership of the item
42
Is someone refuses to give their fingerprints, what is the penalty they can receive
Up to 6 months in prison or up to a $5000 fine
43
What are the elements of possession of offensive weapons or disabling substance (public place)
Without lawful authority or reasonable excuse Has with him or her In a public place Any knife OR any offensive weapon OR any disabling substance
44
What are the elements of possession of offensive weapons or disabling substances (any place)
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 to commit an offence involving bodily injury or the threat or fear of violence
45
What is the definition of an offensive weapon (public place)
Any article made, altered or intended for causing bodily injury P(a)M
46
What is the definition of an offensive weapon (any place)
Any article capable of being used for causing bodily injury A(b)C
47
For a robbery offence to be complete, what element has to be complete
Theft. If the element of theft is not complete then it is just attempted robbery and possibly assault if threats of violence are used
48
What is the key element of “uses” in any offence that includes uses?
The person must actually have permission to use the item. Otherwise it’s takes
49
What is section 9 of the trespass act?
The power to demand details from the trespasser
50
What are the elements of indecent exposure
In OR within view of A public place Intentionally and obscenely Exposes any part of his or her genitals
51
What are the elements of indecent act in public place
Wilfully does Any indecent act In any place to which the public have or are permitted to have access OR within view of any such place
52
What are the elements for indecent act with intent to insult of offend?
With intent to insult or offend any person Does any indecent act In any place
53
What are the elements of indecent assault
Indecently Assaults Another person
54
What is the definition of obscenely
Standards that seen by any reasonable observer we would be considered disgusting
55
What are the defences for indecent exposure or an indecent act
The defendant proves they had reasonable grounds for believing they wouldn’t be seen
56
Describe the offence of making an intimate visual recording
Taking any video / picture of another person where they are exposed. Could be showering, toielting, sexual etc
57
What is sexual violation
Penetration or oral sex without consent of the other party
58
What are the elements of possession OR use of a controlled drug
Procure OR possesses OR consumes OR smoke OR Otherwise use | Any controlled drug
59
What do you need to prove for a prima facie case of drug use
Possession Knowledge the drugs illegal Useable quantity
60
What are the elements of cultivation of prohibited plants
Cultivates | A prohibited plant
61
What are the elements of permits use of premises OR permits use of vehicle
Knowingly permits Any premises OR any motor vehicle OR another mode of conveyance To be used for the purpose of commission of an offence against the misuse of drugs act 1975
62
Identify some class C drugs
Cannabis seeds Cannabis leaves Party pills
63
Identify some class B drugs
Ecstasy Hash oil Amphetamines Morphine
64
Identify some class A drugs
Meth Cocaine Shrooms Heroin

Offenses Act (6 decks)

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