Elements

Question 1

2 Elements of Assault

Answer 1

1) Assaults

2) Another Person

Question 2

4 Elements of “Theft by taking”

Answer 2

1) Dishonestly
2) Without claim of right
3) Takes
4) Any Property
5) With the intention of permanently depriving any owner of that property
OR
with the intention of permanently depriving any owner of any interest in that property

Question 3

6 Elements of “Theft by Use or Dealing”

Answer 3

1) Dishonestly
2) Without claim of right
3) Uses or deals with
4) Any property
5) With intent to deprive any owner permanently of that property
OR
with intent to deprive any owner permanently of any interest in that property
6) After obtaining possession or control of that property in whatever manner

Question 4

4 Elements of “Burglary”

CA 1961 S231(1)(a)

Answer 4

CA 1961 S231(1)(a)

1. ENTERS
   entry is complete when any part of body/instrument is within
2. ANY BUILD/SHIP/YARD OR PART OF
3. WITHOUT AUTHORITY
   an absence of authority from a person legally able to give consent
4. WITH INTENT TO COMMIT IMPRISONABLE OFFENCE IN SHIP/BUILDING

Question 5

3 Elements of ‘receiving stolen property’

Answer 5

1. RECEIVES
   either exclusively/jointly with thief/any person has possession/control over anything unlawfully obtained/helps concealment/disposal
2. ANY PROPERTY STOLEN/OBTAIN BY IMPRISONABLE OFFENCE
3. KNOWING/BEING RECKLESS AS TO WHETHER THAT PROPERTY TO HAVE BEEN STOLEN OR SO OBTAINED

Question 6

4 Elements of “Robbery”

Answer 6

1. THEFT
   is complete when.. (4 elements)
2. ACOMMPANIED BY VIOLENCE/THREATS
   violence/threat before or during theft
3. TO ANY PERSON/PROPERTY
4. USED TO EXTORT OR PREVENT/OVERCOME RESISTANCE TO PROPERTY STOLEN

Question 7

3 Elements of “Willful damage 11(a)”

Answer 7

1) Intentionally
2) Damages
3) Property

Question 8

3 Elements of “Wilful damage 11(b)”

Answer 8

1) Intentionally
2) Sets fire to
3) Any tree or vegetation

Question 9

4 Elements of “Burglary (Having entered)”

CA 1961 S231(1)(b)

Answer 9

CA 1961 S231(1)(b)

1. Having entered
   2) Any building
   OR
   Any ship
   3) Remains without authority
   4) With intent to commit an imprisonable offence in the building
   OR
   Ship

Question 10

4 elements for Unlawful Interferes with Vehicle

Answer 10

1. DISHONESTLY
   without a belief there was consent/authority from owner
2. WIHTOU CLAIM OF RIGHT
   no belief in right to own/possess the property
3. INTERFERES WITH
   touches or deals with in any way
4. ANY VEHICLE/SHIP/AIRCRAFT

Question 11

4 elements for Unlawfully getting into OR upon

Answer 11

1. DISHONESTLY
   without a belief there was consent/authority from owner
2. WITHOUT CLAIM OF RIGHT
   no belief in right to own/possess the property
3. GETS INTO/UPON
   physically gets into/upon
4. ANY VEHICLE/SHIP/AIRCRAFT

Question 12

6 elements for unlawfully takes OR uses a motor vehicle

Answer 12

1. DISHONESTLY
   without a belief there was consent/authority from owner
2. WITHOUT CLAIM OF RIGHT
   no belief in right to own/possess the property
3. BUT NOT SO AS TO BE GUILTY OF THEFT
   unable to prove an intention to permanently deprive the owner
4. TAKES or USES
   physically moves the property/exceeds authority
5. FOR ANY PERSONS PURPOSE
   for their own/another persons purpose
6. ANY OR PART OF VEHICLE/SHIP/AIRCRAFT/HORSE

Question 13

2 elements of Fighting in a Public Place

Answer 13

1. FIGHTS
   punching, striking etc between 2+ willing people
2. IN A PUBLIC PLACE

Question 14

2 elements of Offence or Disorderly Behaviour

Answer 14

1. IN A PUBLIC PLACE/WITHIN VIEW OF PUBLIC PLACE
2. BEHAVES IN AN OFFENSIVE/DISORDERLY MANNER
   in a manner arousing feelings of anger, resentment or disgust/seriously disruptive manner that causes disturbance to public order

Question 15

2 elements for Resisting police

Answer 15

1. RESISTS/INCITIES OR ENCOURAGES ANY OTHER PERSON TO RESIST
   requires some degree of force by the offender/urge or persuade any other person to use some degree of force.
2. ANY CONSTABLE/AUTHORISED OFFICER/TRAFFIC OFFICER ACTING IN EXECUTION OF THEIR DUTY
   person must be exercising their lawful powers

Question 16

2 elements for Obstruction (resisting police)

Answer 16

1. INTENTIONALLY OBSTRUCTS/INCITES OR ENCOURAGES ANY OTHER PERSON TO OBSTRUCT
   deliberately making it difficult/urge or persuade any other person to make it more difficult to carry out their duties
2. ANY CONSTABLE/AUTHORISED OFFICER/TRAFFIC OFFICER ACTING IN EXECUTION OF THEIR DUTY
   person must be exercising their lawful powers

Question 17

4 elements of Being Found on Property Without Reasonable Excuse (Building/Transport)

Answer 17

1. FOUND
   to be seen/discovered/upon
2. WITHOUT REASONABLE EXCUSE
3. IN OR ON
   physically inside of/on
4. ANY BUILDING/AIRCRAFT/SHIP/TRAIN/VEHICLE

Question 18

4 elements of Trespass after warning to leave

Answer 18

1. TRESPASSES
   is on another person property without authority/permission
2. ON ANY PLACE
   at any physical address
3. AFTER BEING WARNED OTO LEAVE THAT PLACE BY AN OCCUPIER OF THAT PLACE
   must be told to leave by lawful occupier
4. NEGLECTS OR REFUSES TO DO SO
   person must be given reasonable time to leave

Question 19

3 elements of trespass after previous warning

Answer 19

1. BEING A PERSON WHO HAS BEEN WARNED UNDER S4 TO STAY OFF ANY PLACE
   issued with a warning, verbal/writing, to stay away
2. WILFULLY TRESPASSES ON THAT PLACE
   intentionally/deliberately/without mistake returns
3. WITHIN TWO YEARS