Offences / Elements Flashcards by Morrison Pollock

What are the Elements of Wilful Damage of Property? Section and Act?

Act: Summary Offences Act 1981
Section: 11 (1) (a)

Elements:
- Intentionally

Damages
Property

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What is the definition of “Intentionally”

A deliberate act, without lawful justification, excuse or claim of right.

A reckless act, without lawful justification, excuse or claim of right.

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What is the definition of ‘Damages’?

Temporary or permanent reduction in the value and/or usefulness of the property.

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What is the definition of ‘Property’?

Something that belongs to another person and is capable of being damaged.

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What are the Elements of Wilful Damage of Vegetation? Section and Act?

Elements:
- Intentionally

Sets fire to
Any tree or vegetation.

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What are the Elements of Common Assault? Section and Act?

Act: Crimes Act 1961
Section: 196

Elements:
- Assaults

Another Person

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What is the definition of ‘Assaults’?

The act of INTENTIONALLY APPLYING OR ATTEMPTING TO APPLY FORCE to another person DIRECTLY OR INDIRECTLY OR THREATENING BY ANY ACT OR GESTURE to apply such force to another if the person making the threat HAS, OR CAUSES THE OTHER TO BELIEVE on reasonable grounds they have the PRESENT ABILITY to effect their purpose.

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What are the elements of Burglary - Enters?

Act and Section?

Act: Crimes Act 1961
Section: 231 (1) (a)

Elements:
- Enters

Any Building OR Any Ship OR Any part of a building OR any part of a ship.
Without Authority
With intent to commit an imprisonable offence in the building OR ship.

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What is the definition of ‘Enters’?

Entry is complete as soon as any part of the body of the person or any part of any instrument used by that person, is within the building or ship.

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What is the definition of ‘Without Authority’?

An absence of authority, either expressed or implied, from a person the defendant believes is legally able to give consent.

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What are the elements of ‘Theft’ - takes?

Act and Section?

Act: Crimes Act 1961
Section: 219 (1)(a) and 223(b) or 223(c) or 223(d)

Elements:
- 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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What is the definition of ‘Dishonestly’?

Without a belief that there was consent or authority from the owner.

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What is the definition of ‘Without Claim of Right’?

No belief in a right to own or possess the property.

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What is the definition of ‘Takes’?

Physically moves the property.

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What are the elements of ‘Robbery’?

Act and Section?

Act: Crimes Act 1961
Section: 234 (1) and (2)

Elements:
- Theft

Accompanied by violence.
OR
Accompanied by 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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What are the elements of ‘Unlawfully Takes’?

Act and Section?

Act: Crimes Act 1961
Section: 226 (1) (a) OR 226 (1) (b) OR 226 (1) (c)

Elements:
- Dishonestly

Without Claim of Right
But not as to be guilty of theft
Takes
For any persons purpose

- Any vehicle
OR
- Any ship
OR
- Any aircraft
OR
- Any part of any vehicle, ship or aircraft
OR
- Any horse

What is the definition of ‘But not as to be guilty of theft’?

unable to prove an intention to permanently deprive the owner.

What are the elements of ‘Unlawfully Interferes with’?

Act and Section?

Act: Crimes Act 1961
Section: 226 (2)

Elements
- Dishonestly

Without Claim of Right
Interferes With

- Any vehicle
OR
- Any ship
OR
- Any aircraft

What is the definition of ‘Interferes with’?

Touches or deals with it in any way.

What is the Elements for Receiving?

Act and Section?

Act: Crimes Act 1961
Section: 246 and 247 (a) or (b) or (c)

Elements:
- Receives

Any stolen property
OR
Any property obtained by any other imprisonable offence.
Knowing that property to have been stolen or so obtained
OR
Being reckless as to wether the property had been stolen or so obtained.

What is the definition of ‘Receives’?

Either exclusively or jointly with the thief or any other person has possession or control over anything unlawfully obtained or helps in its concealment or disposal.

Definition of ‘Any property stolen’?

Anything whatsoever, wether tangible or intangible, that is the property of any person, has value and has been stolen.

What the Elements of ‘Unlawfully gets into OR upon’.

Act and Section?

Act: Crimes Act 1961
Section: 226 (2)

Elements:
- Dishonestly

Without claim of right
Gets into
OR
Gets upon

- Any vehicle
OR
- Any ship
OR
- Any aircraft

What are the elements of ‘Fighting in a public place’?

Act and Section?

Act: Summary of Offences Act 1981
Section: 7

Elements:
- Fights

In a public place

What is the definition of 'fights'?

Fighting is punching, striking, mauling, wrestling, etc, between two or more willing participants.

What is the definition of 'Public Place'?

A place that, at any material time, is open to or being used by the public, wether free or on payment of a charge, and wether any owner or occupier of the place is lawfully entitled to exclude or eject any person from that place: and includes any aircraft , hovercraft, ship or ferry or other vessel, train, or vehicle carrying or available to carry passengers for reward.

What are the elements of Trespass? | Act and Section?

Act: Trespass Act 1980 Section: 3 Elements: - Trespasses - On any place - After being warned to leave that place by an occupier of that place. - Neglects or refuses to do so.

What is the definition of Trespass?

Is on another person's property without authority or permission.

What are the elements of Possession of Offensive Weapons or Disabling Substances (Public Place)? Act and Section?

Act: Crimes Act 1961 Section: 202A (4) (a) Elements: - Without lawful authority or reasonable excuse. - Has with them - In any public place ``` - Any knife OR - Any offensive weapon OR - Any disabling substance ```

What is the definition of 'Any offensive weapon'?

Any article made for the use of causing bodily harm OR Any article altered for the use of causing bodily harm. OR Any article intended for the use of causing bodily harm.

What is the definition of 'Any disabling substance'?

Anaesthetising or other substances produced or intended for purpose of disabling people.

What are the elements of 'Obstruction'? | Act and Section?

Act: Summary of Offences 1981 Section: 23 (a) Elements: - Intentionally obstructs. OR - Incites or encourages any other person to obstruct. - Any constable or authorised officer or prison officer acting in the execution of their duty.