Offences Flashcards
(22 cards)
Wilful Damage
Intentionally - Deliberate OR Reckless act without lawful justification, excuse or claim of right
Damages - Permanent or temporary reduction in value or usefulness of the property
Property - Something that belongs to another person and is capable of being damaged
Theft
Dishonestly - Without belief that they can consent or authority from the owner
Without claim of right - No belief in right to own or possess that property
Takes - Physically moves the property
Any property - Anything that is the property to any person and has value
With intent to deprive the owner permanently of that property
OR
With intent to deprive the owner permanently of any interest in that property
Having Entered
Having entered - Physically inside
OR
Ship
Remains without authority - Remain when consent to be within the building / ship no longer applies
With intent to commit an imprisonable offence in that building / ship
Burglary
Enters - Entry is complete when any part of the body or instruments is within the building / ship
Any building / ship
Any party building / ship
Without authority - Absence of authority, a person the defendant believes is legally able to give consent
With intent to commit an imprisonable offence in the building / ship
Common Assault
Assault - Intentionally applying or attempting to apply force directly or indirectly, OR threatening by any acts or gestures to apply force. Has or causes that they the present ability to effect their purpose.
Another person - Another person other than the offender
Aggravated Assault
Assault - Intentionally applying or attempting to apply force directly or indirectly, OR threatening by any acts or gestures to apply force. Has or causes that they the present ability to effect their purpose.
Another person - Another person other than the offender
Using anything as a weapon - An object of some sort be used as a weapon
OR
Having anything with them in circumstance that prima facie shows an intention to use it as a weapon
Fighting in a Public Place
Fights
Public Place
Disorderly behaviour likely to cause violence
In a public place or with view
Behaves in or incites or encourages any person to behave in
Riotous, offensive, threatening, insulting or disorderly manner
Offensive or disorderly behaviour
In a public place or within view
Behaves in an offensive behaviour or disorderly manner
Disorderly assembly
An assembly of 3 or more
Public Place
Assemble or conducts themselves in such a manner to cause persons in the immediate vicinity to fear on reasonable grounds
That those assembled will
Use violence against any person or property
Excreting in public
Urinates or defecates
Public Place
Resisting Police
Resisting Police - Some degree of force
OR
Incites or encourages any other person to resist - Urge or persuade other person to use some degree of force
Any constable acting in execution of their duty - Lawfully exercising their powers
Obstruction
Intentionally obstruction - Deliberately makes it more difficult to carry out their duties.
OR
Incites or encourages any other person to obstruct - Persuade any other person
Any constable acting in execution of their duty - Lawfully exercising their power
Trespass - After warning to leave
Trespass - Is on another persons property without authority or permission
On any place - Any physical address
After being warned to leave that place by the occupier of that place - Must be told to leave by the lawful occupier of that address
Neglects or refuses to do so - After the warning, neglects or refuses to leave. Must be given reason time to leave
Trespass - After previous warning
Being a person who has been warned under section 4 to stay off any property
Wilful trespasses on that place - The offender intentionally deliberately, without mistake returns to the premises
Within two years - Returns within two years of being warned
Robbery
Theft
Accompanied by violence - Before or at time of theft
OR
Accompanied by threats of violence - Before or at time of theft, demonstrated by conduct or gestures
To any place - The person who has been threatened/used by violence
OR
To any property - The property has been threatened/used by violence
Use to extort the property stolen
OR
To prevent or overcome resistance to the property being stolen
Aggravated Robbery
Robbery is complete
Cause GBH before, during or after
Being together with any other person
A person armed with an offensive weapon or instrument
Unlawful takes vehicle
Dishonesty - Without belief that there was consent or authority from the owner
Without claim of right - No belief in right to own or possess that property
But no so as to be guilty of theft - Unable to prove an intention to permanently deprive the owner
Takes - Physically moves the property
For his/her own purpose
OR
Any other persons purpose
Any vehicle, ship OR aircraft
Any part vehicle, ship or aircraft
OR Horse
Unlawful uses vehicle
Dishonesty - Without belief that there was consent for authority from the owner
Without claim of right - No belief in right to own or possess that property
But no so as to be guilty of theft - Unable to prove an intention to permanently deprive the owner
Uses - Gains possession or control and exceeds authority or condition given by the owner by using it
For his/her own purpose
OR
Another persons purpose
Any vehicle, ship, or aircraft
Any part vehicle, aircraft or ship
OR Horse
Unlawful interfere with vehicle
Dishonestly - Without belief that there was consent from the owner
Without claim of right - No belief in right to own or possess that property
Interferes with - Touches or deals with it in anyway
Any vehicle, ship or aircraft
Dishonestly getting into or upon
Dishonestly - Without belief that there was consent or authority from the owner
Without claim of right - No belief in right to own or possess that property
Get in to - Physically gets in
OR
Gets upon - Physically gets upon
Any vehicle, ship or aircraft
Possession of instruments
Without lawful authority or excuse - Without legal right or justification, authority or permission, no lawful or genuine or reasonable excuse
Has in his possession - in their possession or under their immediate control
Any instrument capable of being used for taking or converting - Any object whatsoever that is capable of being used to take or convert
Any vehicle, ship or aircraft
With intent to use for such purpose - With an intention to use the instrument to take or convert
