Offences Flashcards
(33 cards)
Handling stolen goods is commonly associated with offences such as theft, theft from motor vehicle and burglary. Which four elements need to be proven for this offence to be applied?
- The accused handled goods
- Th e goods were stolen at the time
- The accused knew or believed at the time they handled the goods that they were stolen
- The accused handling of the goods was dishonest
Being armed with criminal intent requires a person to be armed with certain weapons. What are they and what important element applies to the weapon?
Firearm
Imitation firearm
Prohibited weapon
Controlled weapon
The weapon must have the weapon ready for use and within arms reach.
What is the definition of ‘wilful trespass’?
Cross over the boundaries of a persons land deliberately and without right OR being lawfully on land but then remaining there after the right has been revoked.
A person commits burglary if they enter any building or part of building as a trespasser with the intent to what? :(
S - Steal
A - Assualt
D - Damage
One of the requirement to prove the offence of burglary is that the accused must enter a building or part of a building to which there is structural permanency. A caravan does not form part of this list. True or False?
False. But can only be burgled if inhabited.
There are two factors that escalate the offence of burglary to aggravated burglary. What are they?
- A person/victim was present in the building at the time of the burg
- The offender, at the time of entry, has with them any firearm, imitation firearm, any offensive weapon or any explosive or imitation explosive.
Aggravated Home Invasion has 5 elements. What are they?
- The accused committed burglary of a home
- The accused entered the home with 2 or more persons
- At the time of entry, the accused a WIFE with them.
- At the time of entry, the accused knows or is reckless as to whether there is or will be another person in the home while the accused is present
- While the accused was in the home a person was present in the home
For an offence to be classed as a Home Invasion, the accused needs to have entered a home specifically with one or more other persons and at the time of entry needs to have a WIFE on them OR what other factor?
A person other than the accused needs to present in the home.
What is the definition of Theft?
A person steals if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it.
If charging someone with Robbery you would also charge them with what two other offences?
Theft and Assualt
There are three key elements which must be proven for the offence of robbery. What are they?
- The accused person stole something. Theft has occurred.
- Immediately before or at the time of theft, the accused:
- used force on any person
- put any person in fear that they would be the subject to the use of force
- sought to put in person in fear to the use of force - The accused did so in order to commit the theft
What are the Points of Proof for Theft?
I - Identity
D - Dishonestly
A - Appropriates
P - Property
B - Belonging to another
I - Intention to perm. deprive
In order to commit theft, the intent of the accused person must be to use force or a threat of force for the purpose of committing the theft. True or False?
True
Apart from the accused having a WIFE when committing an aggravated carjacking, what other factor is pursuant to this offence?
In the course of the carjacking the person causes injury to another person.
What is the only difference between a robbery and a carjacking?
A carjacking involves the theft of a vehicle. A robbery is the theft of any property.
What definition of injury applies to aggravated carjacking?
Injury is defined as:
A. Physical injury - whether temporary or permanent.
B. Harm to mental health - whether temporary or permanent.
There are three defences to Theft. What are they?
- A belief they had in law a right to deprive the other of it.
- A belief they would have consent of the other person to take the property in the circumstances.
- A belief that the owner could not be located by taking reasonable steps.
Theft is an IOTS where the value of the property stolen does not exceed $100,000. True or False.
True.
What is the two main points of difference between theft and obtaining property by deception?
The false representation of deception was believed by the victim and the accused obtained property as part of that deception.
Which action has a higher evidential burden - ‘Probability’ or ‘Possibility’?
Probability
What is the main difference between ‘Non-fatal strangulation intentionally causing injury’ and ‘Non-fatal strangulation’?
The accused has the intention to cause injury and does cause injury.
Threats to kill and threats to inflict serious injury are both IOTS. True or False?
True
In the offence of stalking the accused must have intention to cause physical or mental harm as well as what in terms of the act?
The actions must have been committed on more than one occasion - continuity of purpose.
