Offences//Elements Flashcards

1
Q

Assault

A

Assaults

Another Person

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2
Q

Assault With a Weapon

A

Assaults

Another Person

Using anything as a weapon

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3
Q

Being found on property without reasonable excuse

A

Found

Without Reasonable excuse

In OR On

Any building, Aircraft, hovercraft, ship ferry or other vessel, train or any vehicle

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4
Q

Being found on property without reasonable excuse

Enclosed yard or Area

A

Found

Without reasonable excuse

in

any enclosed yard or other such area

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5
Q

Burglary

A
  • Enters
  • Any Building, Ship, Part of building, part of ship
  • without authority
  • With intent to commit an imprisonable offence in that building or ship
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6
Q

Burglary (Having Entered)

A

Having entered

Any building OR Ship

Remains without authority

With intent to commit an imprisonable offence in the building or ship

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7
Q

Dishonestly Getting Into or upon

A

Dishonestly

Without claim of right

Gets into OR Gets upon

Any Vehicle, Ship, Aircraft

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8
Q

Excreting in a public place

A

Urinates or Defecates

In a public place

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9
Q

Fighting in a public place

A

Fights

In a public place

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10
Q

Offensive OR Disorderly Behaviour

A

In a public place Or Within view of a public place

Behaves in an offensive manner OR Behaves in an disorderly manner

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11
Q

Disorderly behaviour likely to cause violence

A

In a public place OR Within view of a public place

Behaves in OR Incites or encourages any person to behave in

A riotous, offensive, threatening, insulting or disorderly manner

That is likely, in the circumstances, to cause violence against persons or property to start or continue

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12
Q

Possession of Instruments

A

Has in his possession

Any instrument capable of being used for taking or converting.

Any vehicle, ship, aircraft

With intent to use for such a purpose

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13
Q

Receiving

A

Receives

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 that property had been stolen or so obtained.

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14
Q

Resisting Police

A

Resists OR Incites or encourages any other person to resist

Any constable or authorised officer or prison officer or traffic officer in acting in the execution of their duty.

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15
Q

Obstruction (resisting police)

A

Intentionally obstructs OR incites or encourages any other person to obstruct.

Any constable or authorised officer or prison officer or traffic officer in acting in the execution of their duty

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16
Q

Robbery

A

Theft

Accompanied by violence OR Accompanied by the threats of violence

To any person OR To any property

Used to extort the property stolen OR To prevent or overcome resistance to the property being stolen.

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17
Q

Theft (taking)

A

Dishonestly

Without claim of right

Takes

Any property

With intent to deprive any owner permanently of that property OR With intent to deprive any owner permanently of any interest in that property

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18
Q

Theft (using/dealing)

A

Dishonestly

Without claim of right

Uses or deals with

Any property

with intent to deprive any owner permanently of that property OR With intent to deprive any owner permanently of any interest in that property

After obtaining possession or control of that property in whatever manner.

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19
Q

Trespass After Warning to Leave

A

Trespasses

On any place

After being warned to leave that place by an occupier of that place

Neglects or refuses to do so

20
Q

Trespass after previous warnings

A

Being a person who has been warned under Section 4 to stay off any place

Wilfully trespasses on that place

Within two years

21
Q

Unlawful Interferes with Vehicle (Conversion of Vehicle)

A

Dishonestly

Without claim of right

Interferes with

Any Vehicle OR Any Ship OR Aircraft

22
Q

Unlawful Takes Vehicle (Conversion Of Vehicle)

A

Dishonestly

Without claim of right

But not so as to be guilty of theft

Takes

For his or her own purposes OR Another person purposes

Any Vehicle OR Ship OR Aircraft OR Any Part of any vehicle, ship or aircraft OR Horse

23
Q

Unlawful Uses a Vehicle (Conversion of Vehicle)

A

Dishonestly

Without claim of right

But not so as to be guilty of theft

Uses

For his or her own purposes OR Another persons purposes

Any Vehicle OR Ship OR Aircraft OR Any part of Vehicle, ship, aircraft OR Horse

24
Q

Wilful Damage

A

Intentionally

Damages

Property

25
Wilful Damage (Fire)
Intentionally Sets fire to Any tree or vegetation
26
Possession of Offensive Weapons or | Disabling Substances. 202A(4)(a)
Without lawful authority or reasonable excuse Has with him or her In any public place Any Knife OR Any Offensive Weapon OR Any Disabling Substance.
27
Possession of Offensive Weapons or Disabling Substances 202(4)(b)
Has in his or her possession In any Place Any Offensive weapon OR Disabling Substance In the circumstances that prima facie show an intent to use it to commit an offence involving bodily injury or threat or fear and violence
28
Unlawful Carriage OR Possession Of a Firearm OR Airgun OR Pistol OR Restricted Weapon OR Explosive
Except for some lawful proper and sufficient purpose Carries OR Is in possession of ``` Firearm OR Airgun OR Pistol OR Restricted Weapon OR Explosives ``` Arms Act 1983, Section 45(1)(a) OR 45(1)(b) Penalty: 4 years imprisonment/$5,000 fine
29
Carrying an imitation firearm
Except for some lawful proper and sufficient purpose Carries An imitation firearm Arms Act 1983, section 46(1) Penalty: 2 years’ imprisonment/$4,000 fine
30
Discharging firearm OR air gun OR pistol OR restricted weapon in or near a dwelling house OR public place.
Without reasonable cause Discharges A firearm OR Airgun OR Pistol OR Restricted weapon In or near a dwelling house OR In or near a public place So as to endanger property OR So as to endanger any person OR So as to annoy any person OR So as to frighten any person Arms Act 1983, Section 48(a) OR 48(b) Penalty: 3 months imprisonment/$3,000 fine
31
Presenting a firearm
Except for some lawful and sufficient purpose Presents Firearm OR Air gun OR Pistol OR Restricted weapon At any other person
32
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 is a Firearm OR Airgun OR Pistol OR Restricted weapon
33
Indecent Exposure | Summary Offences Act 1981 - Section 27
In OR within view of a public place Intentionally and Obscenely Exposes any part of his or her genitals
34
Indecent Act in Public Place | Crimes Act 1961 - Section 125
Wilfully Does Any Indecent act In any place to which the public have or are permitted to have access, OR within view of any such place.
35
Indecent Act with Intent to Insult or Offend | Crimes Act 1961 - Section 126
With Intent to Insult or Offend any Person Does any Indecent Act In any Place
36
Indecent Assault | Crimes Act 1961 - Section 135
Indecently Assaults Another Person
37
Sexual Violation by Rape | Crimes Act 1961 - Section 128(1)(a)
A person who rapes another person.
38
Sexual Violation by Unlawful Sexual Connection | Crimes Act 1961Section 128(1)(b)
Any person having unlawful sexual connection with another person.
39
Peeping or peering into a dwelling house | Summary Offences Act 1981, section 30(1)(a)
Found By night Without reasonable excuse Peeping or peering Into a dwelling house
40
Peeping or peering into a dwelling house (Loitering) | Summary Offences Act 1981, section 30(1)(b)
Found By night Without reasonable excuse Loitering on any land On which a dwelling house is situated
41
Possession or Use of a controlled | Misuse of Drugs Act 1975, Section 7(1)(a) & 7(2)(a) or 7(2)(b)
``` Procure OR Possess OR Consume OR Smoke OR Otherwise use ``` Any controlled drug
42
Cultivation of Prohibited Plants | Misuse of Drugs Act 1975, Section 9(1) & 9(2)
Cultivates A prohibited plant
43
Permits Use of Premises OR Permits Use of Vehicle | Misuse of Drugs Act 1975, Section 12(1) & 12(2)(a) or 12(2)(b) or 12(2)(c)
Knowingly permits Any premises OR motor vehicle OR other mode of conveyance To be used for the purpose of the commission of an offence against the Misuse of Drugs Act 1975.
44
Possession of Instruments | Misuse of Drugs Act 1975, Section 13(1)(a) & 13(3)
Has in his possession Any pipe Or Any utensil For the purpose of the commission of an offence against the Misuse of Drugs Act 1975
45
Possession of Instruments | Misuse of Drugs Act 1975, Section 13(1)(aa) & 13(3)
Has in his possession Any syringe OR Any needle For the purpose of the commission of an offence against the Misuse of Drug’s Act 1975
46
Possession of equipment, material, substances Misuse of Drugs Act 1975, section 12A(2)(a) OR 12A(2)(b) & 12A(3)(b) or 12A(4)(a)
Has in his possession Any equipment or material capable of being used in, or for, producing or manufacturing a controlled drug or in the cultivation of a prohibited plant OR Any precursor substance With intent to use it for producing/manufacturing / cultivating a controlled drug