Elements

Question 1

Elements of robbery?

Answer 1

1. Theft
2. Accompanied by violence
   OR
   Accompanied by threats of violence
3. To any person
   OR
   To any property
4. Used to extort the property stolen
   OR
   To prevent or overcome resistance to the property being stolen

Question 2

What are the elements of assault?

Answer 2

1. Assault

2. Another person

Question 3

What are the elements of wilful damage?

Answer 3

1. Intentionally - A deliberate act
2. Damages - temporary or permanent reduction in value
3. Property - belongs to another person

(b) sets fire to any tree or vegetation

Question 4

Elements of unlawfully getting into OR upon

Answer 4

1. Dishonestly
2. Without claim of right
3. Gets into OR upon
4. Any vehicle/ship etc

Question 5

What is the difference between uses and takes?

Answer 5

1. Uses = Has lawful authority but breaches conditions

2. Takes = Physically moves the property.

Question 6

What does intent to steal mean?

Answer 6

The intent to steal must exist at the time the violence is used or the threats are made.

Question 7

Elements of receiving?

Answer 7

1. Receives
2. Any property stolen
   OR
   Any property obtained by any other imprisonable offence
3. Knowing that property to be stolen
   OR
   Being reckless as to whether property had been stolen

Question 8

What is aggravated robbery?

Answer 8

A person robs any person causes GBH or armed with an offensive weapon or instrument.

Question 9

What are the elements of burglary?

Answer 9

1. Enters
2. Any building, any ship, any part of the building, any part of the ship.
3. Without authority
4. With intent to commit an imprisonable offence in the building or ship

Question 10

What is artifice?

Answer 10

Obtaining permission to enter by lying e.g promising a child sweets if they open the door.

Question 11

What does uses or deals mean?

Answer 11

Making decisions as you were the owner.

Question 12

Meaning of takes?

Answer 12

Physically moving it.

Question 13

What are the elements of theft by using or dealing?

Answer 13

1. Dishonestly
2. Without claim of right
3. Uses or deals with (exceeds authority or condtion)
4. Any property
5. With intent to deprive or any interest
6. After legally obtaining or control of that property.

Question 14

What are the elements of theft?

Answer 14

1. Dishonestly
2. WCOR
3. Takes
4. Any property
5. With intent to deprive any owner permanently of that property
   OR
   Deprive any owner permanently of any interest in that property (joint ownership).

Question 15

Elements of unlawful interferes with vehicle

Answer 15

1. Dishonestly
2. WCOR
3. Interferes with (Tries to break in or trying to open door handles)
4. Any vehicle, ship etc

Question 16

Meaning of “remains without authority”

Answer 16

Offender decides to commit an imprisonable offence and hides within the location on purpose.

Question 17

Meaning of “Having entered” ?

Answer 17

Legally entering but decides to steal later.

Question 18

Elements of unlawful taking?

Answer 18

1. Dishonestly
2. Without claim of right
3. But not so as to be guilty of theft
4. Takes
5. For his or his own purposes
   OR
   Another person’s purposes
6. Any vehicle, ship etc

Question 19

Elements of unlawful uses?

Answer 19

1. Dishonestly
2. WCOR
3. But not so as to be guilty of theft
4. Uses
5. Own purposes
6. Any vehicle, ship etc