Offences

Question 1

Actus reus

Answer 1

Is the act, conduct, omission, or state of affairs required for the particular offence. Must be voluntary.

Question 2

Mens rea

Answer 2

Is the fault element or “guilty mind” required for the offence. Refers to a person’s guilty knowledge or what was in their mind when they carried out actus reus. Can include intention, recklessness or criminal negligence.

Question 3

Mens rea can be proven by?

Answer 3

Inferences from the person’s behaviour, act or omissions at the time of actus reus. Statements made before or at the time. Any admission made after the alleged offence

Question 4

Assault elements

Answer 4

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 suspect.

Question 5

Conditional assault

Answer 5

Where there is a threat of an assault accompanied by a condition

Question 6

Doctrine of Transferred Malice

Answer 6

A defendant will be liable for an offence if he or she has the necessary Mens Rea and commits the actus reus even if the victim is not the intended person

Question 7

What are the two Acts used for Assault

Answer 7

Crimes Act 1961
Summary of Offences Act 1981

Question 8

What three factors must we consider when deciding which charge is most appropriate for assault

Answer 8

Intent
- when the suspect applied the force, what was their intent
- did the suspect want to scare, injure or kill the victim

Weapons or degree of force used
- was the assault a mere slap on the face or was a knife or other weapon used

Injury received
- did the victim sustain any injury? Was the victim injured, wounded or killed

Question 9

Wilful Damage Elements

Answer 9

Intentionally - a deliberate act, without lawful justification, excuse or claim of right.
OR
A reckless act, 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.

Question 10

What Act and section applies to Wilful Damage

Answer 10

Summary of Offences ACT 1981 Section 11(1)(a)

Question 11

What other examples of wilful damage related offences

Answer 11

Intentionally setting fire to any tree or vegetation

Graffiti vandalism, tagging, defacing

Possession of Graffiti implements

Question 12

Burglary Act and Section

Answer 12

Crimes Act 1961 Section 231(1)(a)

Question 13

Burglary Elements

Answer 13

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
OR
When entry is gained by use of threat or artifice.

Any building/enclosed yard - 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.
OR
Any ship - any vessel used in navigation, however propelled.
OR
Any part of a building - 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.
OR
Any part of any 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 - there must be an intention to commit an imprisonable offence in the building.
OR
With intent to commit an imprisonable offence in a ship - there must be an intention to commit an imprisonable offence in the ship.

Question 14

Burglary; what does artifice mean?

Answer 14

Involves being cunning, skilled or artful to obtain entry under false pretence

Question 15

What other Burglary Offence is there?

Answer 15

Possession of burglary tools
Summary of offences act 1981 section 14
Of the suspect is located on the way to commit a burglary or near the scene of an intended burglary.
- without reasonable excuse,
- has in his or her possession
- any instrument capable of being used for burglary
- in circumstances that prime facie shows an intention to use it for burglary

Question 16

What is Prima Facie?

Answer 16

On the face of it or based on first impressions

Question 17

What is the Act and Section for Being found on property without reasonable excuse (building/transport)

Answer 17

Summary of Offences Act 1981 Section 29(1)(a) or 29(1)(c)

Question 18

What is the Act and Section for Being found on property without reasonable excuse (enclosed yard or area)

Answer 18

Summary of Offences Act Section 29(1)(b)

Question 19

What are the elements of Being found on property without reasonable excuse (building/transport)

Answer 19

Found - to be seen; to be discovered; to come upon.

Without reasonable excuse - without reasonable excuse.

In - physically inside of
OR
On - physically on

Any building - a structure with a roof or walls such as a house or factory.
OR
Any aircraft - any aeroplane, helicopter or other machine capable of flight.
OR
Any hovercraft - a vehicle or craft that travels over land or water on a cushion of air provided by a downward blast.
OR
Any ship, ferry or other vessel - any boat or ship for transporting people or goods by sea.
OR
Any train - a series odd connected railway carriages or wagons moved by a locomotive or by integral motors.
OR
Any vehicle - a thing used for transporting people or goods, especially on land, such as a car lorry or cart.

Question 20

What are the elements of Being found on property without reasonable excuse (enclosed yard or area)

Answer 20

Found - to be seen; to be discovered; to come upon.

Without reasonable excuse - Without reasonable excuse.

In - physically inside of.

Any enclosed yard or other such area - an enclosed yard, garden or area, appurtenant to a building.

Question 21

What does appurtenant mean?

Answer 21

Belonging to - in context of an enclosed yard or other such area, the yard must belong to a building.

Question 22

What is the Act and Section for Theft?

Answer 22

Crimes Act 1961 Section 219(1)(a) & 233(b) or 233(c) or 233(d)

Question 23

What are the Elements of Theft?

Answer 23

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 - 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.

Question 24

What are some other Types of theft

Answer 24

Theft by a person in a special relationship - Crimes Act 1961 section 220 example a solicitor holding money for a client or treasurer of a sports club.

Theft by a spouse or partner - Crimes Act 1961 section 222

Theft by using or dealing - Crimes Act 1961 section 219

Question 25

What is the Act and Section for Robbery?

Answer 25

Crimes Act 1961 section 234(1)&(2)

Question 26

What are the elements for Robbery?

Answer 26

Theft - the they must be complete to the point where possession of the property is obtained by the suspect. Accompanied by violence - violence before or at the time of the theft. OR Accompanied by threats of violence - threat of violence before or at the time of the theft, demonstrated by conduct or words. To any person - the person who has been threatened with violence. OR The person who had violence used against them. OR 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 - the violence or threats used by the suspect are sufficient to cause the person to hand over property against their will. OR To prevent or overcome resistance to the property being stolen - the property is taken by the suspect after any resistance to its taking has been prevented or overcome.

Question 27

Other relevant offences to Robbery

Answer 27

Aggravated Robbery - a person robs any person and, at the time, before, or after the robbery, causes grievous bodily harm to any person. OR Being together with any other person or persons, robs any person. OR A person armed with an offensive weapon or instrument, which includes a firearm, robs any other person. Assault with intent to rob - where any person assaults a person with the intention to rob them, but no theft takes place, so therefore robbery is not complete.

Question 28

What is the Act and section for Aggravated Robbery?

Answer 28

Crimes Act 1961 section 235

Question 29

What is the Act and section for Assault with the Intent to Rob?

Answer 29

Crimes Act 1961 section 236

Question 30

What Is the ACT and section for Receiving Stolen Property?

Answer 30

Crimes Act 1961 section 246(1) & 247(a) or 247(b) or 247(c)

Question 31

What are the Elements of Reviving Stolen Property?

Answer 31

Receives - either exclusively or jointly with the thief or any other person has possession or control over anything unlawfully obtained or helps in its concealment or disposal. Any property stolen - anything whatsoever, whether tangible or intangible, that is the property of any person, has value and has been stolen. OR Any property obtained by any imprisonable offence - anything whatsoever, whether tangible or intangible, that is the property of any person, has value and has been obtained by an imprisonable offence other than theft. Knowing that property to have been stolen or so obtained - believing at the time of receiving that the property has been stolen or obtained by any other imprisonable offence. OR Being reckless as to whether the property has been stolen or so obtained - receives the property, despite the person consciously taking an unreasonable risk that the property might be stolen or obtained by any other imprisonable offence.

Question 32

What does guilty knowledge mean in regard to Receiving Stolen Property?

Answer 32

Direct evidence - admission or evidence given by the actual thief Circumstantial evidence - knowing it’s grossly under valued

Question 33

What does “the doctrine of recent possession” mean

Answer 33

It puts the onus on the person found in procession of the stolen property to provide an explanation for having it or be charged with theft or receiving.

Question 34

Definition of a public place

Answer 34

A place that at any material time A place to, or bring 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 exclude or eject that person from that place And includes: aircraft; hovercraft; ship; ferry; other vessel; train; vehicle. That is carrying or available to carry passengers for reward. And includes the interior of any vehicle which is in a public place.

Question 35

Fighting and Disorder Offences What are the elements of fighting in a public place?

Answer 35

Fights - fighting is punching, striking, mauling, wrestling, etc, between two or more willing participants. In a public place - a place that, at any material time, is open to what has been used by the public, whether free or on payment of a charge, and whether any owner or occupied of the place is lawfully entitled to exclude or reject any person that from that place, and includes any aircraft, hovercraft, ship or ferry or other Vasil, train, or vehicle caring or available to carry passengers for reward. Also includes the interior of a vehicle that is in a public place. 

Question 36

Fighting and Disorder Offences Elements OR disorderly behaviour

Answer 36

And the public place – a place that, at any material time, is open to was being used by the public, with a free or payment of a charge, and whether any owner or occupier of the place is awfully entitled to exclude or Egypt, any person from that place; and includes any aircraft, hovercraft, ship or fury or other vessel, train, or vehicle caring or available to carry passengers for reward. Also includes the interior of any vehicle which is in a public place. OR Within view of a public place - WITHIN VIEW of that place, at any material time, is open to was being used by the public, with a free or payment of a charge, and whether any owner or occupier of the place is awfully entitled to exclude or Egypt, any person from that place; and includes any aircraft, hovercraft, ship or fury or other vessel, train, or vehicle caring or available to carry passengers for reward. Also includes the interior of any vehicle which is in a public place. Behaves in an offensive manner – behaves and a manner arousing feelings of anger, resentment, or discussed that causes disturbance to public order. OR Behave in a disorderly manner – behaves in a seriously disruptive manner that causes a disturbance to public order. 

Question 37

Fighting and Disorder Offences Excreting in a public place elements

Answer 37

Your nights or defecate in any public place. Defence – section 32 (2) provides a statutory defence that the suspect had reasonable grounds for believing they would not be observed. Of arrest – cannot arrest and act as seen by an offer police officer and the suspect fails to give their name and address on demand. 

Question 38

Resisting or Obstructing Police Resisting police elements

Answer 38

Resists – requires some degree of force by the suspect. OR Insight encourages any other person to resist – urge or persuade any other person to use some degree of force. Any constable or authorised officer or president officer or traffic officer acting in execution of there duty– the person must have been lawfully exercising the powers. 

Question 39

Resisting or Obstructing Police Obstructing police elements

Answer 39

Intentionally obstructs– deliberately making it more difficult for a person to carry out their duties. OR Insights or encourages any other person to obstruct – urge or persuade any other person to make it more difficult for the person to carry out their duties. Any comfortable or authorise officer or officer or officer acting and execution of their duty– the person must have been lawfully exercising their powers. 

Question 40

Trespass Trespass after warning to leave elements

Answer 40

Trespassers – is on another person’s property without authority or permission. In any place – at any physical address. After being worn to leave that place by occupier of that place – must be told to leave the address by the lawful occupier. Neglects or refuses to do so– after the warning, neglects or refuses to leave. The person must be given a reasonable time to leave. 

Question 41

Trespass Trespass after previous warnings elements

Answer 41

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. Hopefully Trist passes on that place – the suspect intentionally, deliberately, without mistake, returns to the premises. Within two years – within two years after the giving of the warning.

Question 42

Trespass Trespass after previous warnings elements

Answer 42

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. Hopefully Trist passes on that place – the suspect intentionally, deliberately, without mistake, returns to the premises. Within two years – within two years after the giving of the warning.