Offences / OA / Proven bys Flashcards

(43 cards)

1
Q

Summary Offences Act 1981 Section 11(1)(a) - Wilful Damage (Property)

A

SOA 1981 s.11(1)(a) - Wilful Damage (Property)

  • Intentionally
  • Damages
  • Property
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2
Q

Summary Offences Act 1981 Section 11(1)(b) - Wilful Damage (Vegetation)

A

SOA 1981 s.11(1)(b) - Wilful Damage (Vegetation)

  • Intentionally
  • Sets fire to
  • Any tree or vegetation
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3
Q

Crimes Act 1961 Section 219(1)(a) - Theft (Takes)

A

CA 1961 s.219(1)(a) - Theft (Takes)

  • Dishonestly
  • Without claim of right
  • Takes
  • Any property
  • With intent to deprive any owner permanently of that property
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4
Q

Crimes Act 1961 Section 219(1)(b) - Theft (Uses or deals with)

A

CA 1961 s.219(1)(b) - Theft (Uses or deals with)

  • Dishonestly
  • Without claim of right
  • Uses or deals with
  • Any property
  • With intent to deprive any owner permanently of that property
  • After obtaining possession or control of that property in whatever manner
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5
Q

Crimes Act 1961 Section 196 / Summary Offences Act 1981 Section 9 - Common Assault

A

CA 1961 s.196 OR SOA 1981 s.9 - Common Assault

  • Assaults
  • Another person
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6
Q

Crimes Act 1961 Section 202 - Assault with a weapon

A

CA 1961 s.202 - Assault with a weapon

  • Assaults
  • Another person
  • Using anything as a weapon

OR

  • Having anything with them in the circumstances that prima facie show an intention to use it as a weapon
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7
Q

Crimes Act 1961 Section 231(1)(a) - Burglary (Enters)

A

CA 1961 s.231(1)(a) - Burglary (Enters)

  • Enters
  • Any building OR Any Ship OR Any part of any building OR Any part of any ship
  • Without authority
  • With intent to commit an imprisonable offence within that building OR ship
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8
Q

Crimes Act 1961 Section 231(1)(b) - Burglary (Having Entered)

A

CA 1961 s.231(1)(b) - Burglary (Having Entered)

  • Having entered
  • Any Building OR Any ship
  • Remains without authority
  • With intent to commit and imprisonable offence within that building OR ship
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9
Q

Crimes Act 1961 Section 234 - Robbery

A

CA 1961 s.234 - Robbery

  • 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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10
Q

Summary Offences Act 1981 Section 7 - Fighting in public place

A

SOA 1981 s.7 - Fighting in a public place

  • Fights
  • In a public place
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11
Q

Crimes Act 1961 Section 226 - Unlawful Takes

A

CA 1961 s.226 - Unlawful Takes

  • Dishonestly
  • Without claim of right
  • But not so as to be guilty of theft
  • Takes
  • For any person’s purpose
  • Any vehicle OR Any ship OR Any aircraft OR Any part of any vehicle, ship or aircraft OR Any horse
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12
Q

Crimes Act 1961 Section 226(1) - Unlawful Uses

A

CA 1961 s.226(1) - Unlawful Uses

  • Dishonestly
  • Without claim of right
  • But not so as to be guilty of theft
  • Uses
  • For any person’s purpose
  • Any vehicle OR Any ship OR Any aircraft OR Any part of any vehicle, ship or aircraft OR Any horse
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13
Q

Crimes Act 1961 Section 226(2) - Unlawful interferes with

A

CA 1961 s.226(2) - Unlawful interferes with

  • Dishonestly
  • Without right of claim
  • Interferes with
  • Any vehicle OR Any ship OR Any aircraft
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14
Q

Crimes Act 1961 Section 226(2) - Unlawful Gets into OR Upon

A

CA 1961 s.226(2) - Unlawful Gets into OR Upon

  • Dishonestly
  • Without claim of right
  • Gets into
    OR
  • Gets upon

Any vehicle OR Any ship OR Any aircraft

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15
Q

Crimes Act 1961 Section 202A(4)(a) - Possession of Offensive Weapons or Disabling Substances (P/P)

A

CA 1961 s.202A(4)(a) - Possession of Offensive Weapons or Disabling Substances (P/P)

  • W/out lawful authority or reasonable excuse
  • Has with him or her
  • In any public place
- Any knife
OR
- Any offensive weapon (Made, altered, intended)
OR
- Any disabling substance
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16
Q

Crimes Act 1961 Section 202A(4)(b) - Possession of Offensive Weapons or Disabling Substances (Any Place)

A

CA 1961 s.202A(4)(b) - Possession of Offensive Weapons or Disabling Substances (Any Place)

  • Has in his or her possession
  • In any place
  • Any offensive weapon (Capable)
    OR
  • Any disabling substance
  • In circumstances that prima facie show an intention to use it to commit an offence involving bodily injury or the threat or fear of violence
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17
Q

Summary Offences Act 1981 Section 13A - Possession of Knife

A

SOA 1981 s.13A - Possession of Knife (P/P)

  • In a public place
  • Without reasonable excuse
  • Has any knife
  • In his or her possession
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18
Q

Arms Act 1983 Section 45(1) - Unlawful Carriage OR Possession of a firearm OR etc.

A

AA 1983 s.45(1) - Unlawful Carriage OR Possession of a firearm OR Airgun OR Pistol OR Prohibited Magazine OR Restricted Weapon OR Explosive

  • Except for some lawful, proper and sufficient purpose
  • Carries
    OR
  • Is in possession of
  • A Firearm OR Airgun OR Pistol OR Prohibited Magazine OR Restricted Weapon OR Explosives
19
Q

Arms Act 1983 Section 48 - Discharging Firearm OR etc.

A

AA 1983 s.48 - Discharging firearm OR Airgun 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
20
Q

Arms Act 1983 Section 46(1) - Carrying an imitation Firearm

A

AA 1983 s.46(1) - Carrying an Imitation Firearm

  • Except for some lawful, proper and sufficient purpose
  • Carries
  • An imitation firearm
21
Q

Arms Act 1983 Section 52(2)

A

AA 1983 s.52(2) - Presenting Anything

  • Except for some lawful and sufficient purpose
  • Presents
  • Any any other person
  • Anything
  • In circumstances is likely to lead that person to believe that it is a
- Firearm (other than a prohibited firearm)
OR
- Airgun
OR
- Pistol
OR
- Restricted Weapon
22
Q

Arms Act 1983 Section 52(1)

A

AA 1983 s.52(1) - Presenting a firearm at other person

  • Except for some lawful and sufficient purpose
  • Presents
- Firearm (other than a prohibited firearm)
OR
- Airgun
OR
- Pistol
OR
- Restricted Weapon
  • At any other person
23
Q

Summary Offences Act 1981 Section 27 - Indecent Exposure

A

SOA 1981 s.27 - Indecent Exposure

  • In OR within view of a public place
  • Intentionally and obscenely
  • Exposes any part of his or her genitals
24
Q

Crimes Act 1961 Section 135 - Indecent Assault

A

CA 1961 s.135 - Indecent Assault

  • Indecently
  • Assaults
  • Another Person
25
Crimes Act 1961 Section 125 - Indecent Act in Public place
CA 1961 s.125 - Indecent Act in Public Place - 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
26
Crimes Act 1961 Section 126 - Indecent Act with Intent to Insult or Offend
CA 1961 s.126 - Indecent Act with Intent to Insult or Offend - With intent to insult or offend any person - Does any indecent act - In any place
27
Crimes Act 1961 Section 128(1)(a) & (b) - Sexual Violation (Rape / Sexual Connection)
CA 1961 s.128(1)(a) - Sexual Violation by Rape - A person who rapes another person CA 1961 s.128(1)(b) - Sexual Violation by Unlawful Sexual Connection - Any person having unlawful sexual connection with another person
28
Crimes Act 1961 Section 246 & 247 - Receiving stolen property
CA 1961 s.246 & s.247 - Receiving stolen property - Receives - Any property stolen OR - Any property obtained by any other imprisonable offence - Knowing that property to have been stolen OR - Being reckless as to whether the property had been stolen or so obtained
29
Trespass Act 1980 Section 3 - Trespass after warning to leave
TA 1980 s.3 - Trespass after warming 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
30
Trespass Act 1980 Section 4 - Trespass after previous warnings
TA 1980 s.4 - Trespass after previous warnings - Being a person who has been warned under Section 4 to stay off any place - Wilfully trespasses on that place - Within two years
31
Dishonestly
Dishonestly Without belief of - Consent - Authority
32
Without Claim of Right
Without Claim of Right Without belief to - Own - Possess
33
Without Authority
Without Authority Without - Authority - Expressed/Implied - By person defendant believes is legally able to give authority
34
Intentionally
Intentionally - Deliberate Without - Lawful justification - Excuse - Claim of right
35
Assault
Assault - Intentionally / Attempting - apply force - Directly / Indirectly - Threatening / Act / Gesture - Other believes present ability
36
Takes
Takes - Physically moves
37
Damages
Damages - Temp/Perm reduction in value/usefulness
38
Property
Property - Belongs to another person - Capable of being damaged
39
Used to Extort the Property
Used to Extort the Property - Violence / Threats of violence - Sufficient to cause hand over against their will
40
Receives
Receives - Exclusively/Jointly - Possession/control - Unlawfully obtained - &/or helps in concealment/disposal
41
Any Tree or Vegetation
Any Tree or Vegetation - Any growing plant
42
Without reasonable excuse
Without reasonable excuse No - Lawful - Genuine - Reasonable Excuse
43
Without lawful authority or reasonable excuse
Without lawful authority or reasonable excuse Without - Legal right - Justification - Authority - Permission ``` No - Lawful - Genuine - Reasonable Excuse ```