Property Crimes

Question 1

define destroy

Answer 1

to cause something to end or no longer exist

to cause the destruction of something

to damage something so badly that it cannot be repaired

Question 2

define injure

Answer 2

Injure means to harm, impair, inflict damage. The damage can be repaired

Question 3

what is the exact definition for motor vehicle stealing

Answer 3

Subject to subsection (2) , a person who drives or uses a motor vehicle without the consent of the owner or registered operator of the vehicle or of some person who is lawfully in charge of the vehicle and has authority to give that consent is guilty of the offence of motor vehicle stealing.

(2) Subsection (1) does not apply to or in relation to the driving or use of a motor vehicle by a police officer or an authorized officer acting in the execution of his duty.

Question 4

what is burglary

Answer 4

Any person who enters any place to which this chapter applies as a trespasser, or by means of any threat, artifice, or collusion, with intent to commit a crime therein, is guilty of a crime, which is called burglary

Question 5

what is aggravated burglary

Answer 5

Aggravated burglary is burglary and at the time of the offence
- The person has with them any offensive weapon or instrument or any explosive substance
- The place in relation to which the burglary is committed is being used or ordinarily used for the purpose of human habitation
Uses or offers violence to any person, deprives any person of their liberty or otherwise assaults any person
- While committing the burglary
- While the person is still in or is leaving that place in relation to where the burglary was committed

Question 6

what is a robbery

Answer 6

A person who steals anything and, immediately before, at, or immediately after the time of stealing that thing, uses or threatens to use violence to any person or property in order to obtain that thing or to prevent or overcome resistance to the stealing of that thing

Question 7

what is agg robbery

Answer 7

Committing robbery with more than one person and/or causing bodily harm immediately before, at or after

Question 8

what is armed robbery

Answer 8

Committing a robbery with a firearm or other dangerous article

Question 9

what is agg armed robbery

Answer 9

Committing robbery with more than one person and/or causing bodily harm immediately before, at or after

and committing a robbery with a firearm or other dangerous article

Question 10

POA for robbery

Answer 10

reasonable grounds

Question 11

What is the difference between stealing and make off without payment?

Answer 11

Make off without payment is for goods or services that you have received that require on the spot payment (gone out for dinner and eaten the food, taxi, hairdresser) those things can’t be given back. Whereas stealing is stealing of tangible items, the items can be returned.

Question 12

how to link people to crimes

Answer 12

• DNA
• Fingerprints
• CCTV
• Witnesses
• Catching the person in the act
• Admissions or confessions
• Circumstantial evidence

Question 13

what is criminal responsibility

Answer 13

criminal responsibility refers to a person’s ability to understand his or her conduct at the time a crime is committed. Intentional and voluntary act.

Question 14

Points of proof - unlawful possession

Answer 14

• That the defendant was found in possession OR control of the property
• That at the time of the finding the property was supposed by a police officer to be stolen or unlawfully obtained
• That such supposition was reasonable

Question 15

What is the statute of limitations for motor vehicle stealing

Answer 15

12 months

Question 16

What is the statute of limitations for injure/destroy property

Answer 16

both 12 months

Question 17

Tampering with a motor vehicle statute of limitations

Answer 17

6 months

Question 18

who in a stolen motor vehicle can be charged

Answer 18

• The driver
• The passengers if they know that the vehicle is stolen

Question 19

What are the statutes of limitations for the Criminal Code and the Police Offences Act fire related charges?

Answer 19

Criminal code- unlimited
Police Offences Act- 12 months

Question 20

Indicators that someone has unlawful possession of something

Answer 20

Have reasonable belief that the person has possession of something unlawfully
- Multiple items when they shouldn’t have them (4 chainsaws)
- Unemployed and have a $10,000 watch or something expensive
- Items hidden in unusual places in the house (chainsaws in the bedroom under the bed)
- Serial numbers rubbed off (power tools)

Question 21

points of proof - unlawful possession

Answer 21

• property is stolen
• in the persons possession or control

Question 22

POA - stealing

Answer 22

• found offending
• reasonable grounds

Question 23

what is make off without payment

Answer 23

A person who knows that on the spot payment for goods supplied or services done is required from that person shall not dishonestly make off without having payed as expected

Question 24

What are the elements that must be established for fire related crimes

Answer 24

• There was a fire with a change in the chemical composition of the substance that was burnt
• The fire was caused wilfully and unlawfully
• The accused was responsible for that activity

Question 25

key elements of stealing

Answer 25

• Person
• Without consent of the owner
• Dishonesty
• Takes
• Anything capable of being stolen
• With the intention to permanently deprive the owner

Question 26

what is causing a fire with the intent to injure person/property

Question 27

powers - attempting burg

Answer 27

stop, detain, search, seize

Question 28

arrest powers - destroy/injure property

Answer 28

found offending

Question 29

what is carjacking

Answer 29

Assault a person with intent to take a motor vehicle and without consent of the owner of the vehicle or takes and drives it or takes it for the purpose of driving it; or who, without having the consent of the owner, or the person in lawful possession, of a motor vehicle takes and drives it; or takes it for the purpose of driving it – when a person, other than a person with whom the perpetrator is in company, is in or on the vehicle
POA - reasonable grounds

Question 30

powers of arrest - computer related fraud

Question 31

Tampering with motor vehicle

Answer 31

Reasonable grounds - stop, detain, search, seize

Trying car door handles

Can’t prove the intent for burg but they have gained entry to the vehicle