Offences Flashcards
(22 cards)
What is the maximum penalty for Wilful Damage?
3months imprisonment or $2000 fine
What section of the Summary Offences Act (1981) does Wilful Damage fall under?
Section 11(a)and (b)
What are the elements of Wilful Damage?
Intentionally Damages Property OR Intentionally Sets fire to Any tree or vegetation
What is the maximum penalty for tagging graffiti and vandalism?
Community based sentence and/or $2000
What is the maximum penalty for possession of graffiti implements?
Community work & or $500
What is the maximum penalty for sale of spray cans to U18?
$1500
What is the maximum penalty for easily accessed cans in a shop? (But they don’t have to be locked up)
$1500
What section does assault fall under in the Summary Offence Act 1981?
Section 9
What section does assault fall under in the Crimes act?
Section 196
What is indirect assault?
Force is not directly applied to victim. E.g.. pulling a chair out from someone
What is transferred malice?
Hurting someone unintentionally while trying to hurt someone else.
What is conditional assault?
Telling someone you’ll hurt them if they don’t comply with your condition….
In what section can the legal justification or force be found within the Crimes Act 1961?
Section 59
Use of Force- sec 39 of crime act states what?
Power to use force when making an arrest.
3=open handcuffs
Sec. 40 of crimes act (use of force) states what?
Use Force to stop a person escaping
0=tunnel
Sec 42 crimes act (use of force) states what?
Reasonable force to prevent a breach of peace.
2=✌=peace e
Sec 48 of crimes act (use of force) states what?
Neccessary force to defend themselves or another.
8=mate
Sec 41 of crimes act (Use of force) states:
Force to prevent suicide
1 = rope
Powers of arrest without warrant. Crimes act 1961. What section?
315 (a) & (b)
Arrest without warrant. Summary offences act 1981. What Section?
39(1) & 39(2)
Crimes act 1961 - arrest without warrant. Sec. 315 (2)(a) states: ?
HE FINDS - you see them physically do it
Crimes act 1961- powers of arrest without warrant. Section 315 (2)(b) states?
HE HAS GOOD CAUSE TO SUSPECT - a 4 on the scale of 1-10 you think they did it.