Offences Flashcards
(30 cards)
Wilful damage
Intentionally
- damages
- property
Wilful damage vegetation
- intenionally
- sets fire to
- any tree or vegetation
Recieving
-recieves
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
#has to be part of original property #has to know at the time of taking it was stolen
Unlawfully takes vehicle (conversion of vehicle)
- Dishonestly
- Without claim of right
- But not so as to be guilty of theft
- Takes
- For his or her own purposes OR another persons
- any vehicle OR ship OR aircraft OR part of any OR any horse
Assualt
- assaults
- another person
Assault with a weapon
- assaults
- another person
- using anything as a weapon OR having anything with him or her in circumstances that primary facie show an intention to use it as a weapon
Burglary (entered)
- having entered
- any building or ship OR part of any building or ship
- remains without authority
- with intent to commit an imprisonable offence
Burglary
- enters
- any building or ship or part of any building or ship
- 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
Robbery
Theft (all elements)
-accompanied by violence (violence is before or at the time of theft) OR threats of violence
-to any person OR to any property
-used to extort the property stolen (the violence or threats used by the offender are sufficient to cause the person to hand over the property against their will) OR to prevent to overcome resistance to the property being stolen
-
Unlawfully used vehicle
may gain legally but then abuse that trust
dishonestly (without a belief that there was a consent or authority from the owner)
- without claim of right (no belief in a right to own or possess the property)
- but not so as to be guilty of theft
- uses (gains posession or control of the property but then exceeds authority or conditions given by the owner by using it in any manner)
- for his or her own purposes OR another persons
- any vehicle……or part of..
Unlawful interferes with vehicle (conversion of vehicle)
- dishonestly
- without claim of right
- interferes with
- any vehicle OR ship OR aircraft
Unlawfully getting into or upon
- dishonestly
- without claim of right
- gets into OR upon
- any vehicle OR ship OR any aircraft
Possession of instruments
- without lawful authority or excuse
- has in his possession
- any instrument capable of being used for taking or converting
- any vehicle OR any ship OR any aircraft
- with intent to use for such a purpose
Attempting to commit an offence
Conspires
- with any person
- to commit any offence
Fighting in a public place
- fights
- in a public place
Possession of offensive weapons or disabling substances (public place)
-without lawful authority or reasonable excuse
- has with him or her
-in any public place
-any knife OR any offensive weapon (any article made/altered/intended for use causing bodily injury OR
- any disabling substance
-
Possession of offensive weapons or disabling substances (any place)
-had in his or her possession
-in any place
Any offensive weapon (any article capable of being used for causing bodily injury) OR
- any disabling substance
-in circumstances that primary facie show an intention to use it to commit an offence involving bodily injury or the threat or fear of violence (actions by offender show on the “face of it” that the person is intentionally going to use it to commit an offence involving some form of bodily injury, or the threat or fear of violence
Possession of a knife
- in a public place
- without reasonable excuse
- has any knife
- in his or her possession
Dishonestly taking a document OR dishonestly obtaining a document
- dishonestly
- without claim of right
- takes OR obtains
- any document
- with intent to obtain
- property OR service OR pecuniary advantage OR valuable consideration
Being found on property without reasonable excuse (building/transport)
-found
- without reasonable excuse
In OR on
-any building Or aircraft OR hovercraft OR ship OR train OR any vehicle
Being found on property without reasonable excuse (enclosed yard or area)
- found
- without reasonable excuse
- in
- any enclosed yard or other such area
Trespass warned to leave
Trespasses
- on any place
- after being warned to leave that place by an occupier of that place
- neglects or refuses to do so
(Section 3 defence of self defence)
Trespass after previous warning
- being a person who has been warned under section 4 to stay off any place
- wilfully trespasses on that place
- within 2 years
(Section 4 defence their own defence)
Presenting anything
- except for some lawful and sufficient purpose
- presents
- at any other person
- anything
- in the circumstances is likely to lead that person to believe that it a firearm (other than a prohibited firearm) OR air gun OR pistol OR restricted weapon
