Elements

Question 1

Elements of Burglary S231(1) CA1961

Answer 1

-Enters
-Any Building
OR
Any Ship
OR
Any part of a building
OR
Any part of a ship
-Without authority
-With intent to commit and imprisonable offence in the building
OR
With intent to commit and imprisonable offence in a ship

Question 2

Elements of Wilful Damage S11(1)(a) SOA1981

Answer 2

• Intentionally
• Damages
• Property

Question 3

Elements of Wilful Damage S11(1)(b) SOA1981

Answer 3

• Intentionally
• Sets fire to
• Any tree or vegetation

Question 4

Elements of Assault S9 SOA1981 and S196 CA1961

Answer 4

• Assaults

- another person

Question 5

Elements of Assaults with a Weapon S202C(a) CA1961

Answer 5

• Assaults
• another person
• using anything as a weapon

Question 6

Elements of Assaults with a Weapon S202C(b) CA1961

Answer 6

• while assaulting another person
• has anything with him or her
• in circumstances that prima facie show an intent to use it as a weapon

Question 7

Elements of Theft S219(1)(a) CA1961

Answer 7

• 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.

Question 8

Elements of Theft S219(1)(b) CA1961

Answer 8

• Dishonestly
• without claim of right
• uses or deals with
• 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
• after obtaining possession or control of that property in whatever manner.

Question 9

Elements of Burglary (Having Entered) S231(1)(b) CA1961

Answer 9

• Having entered
• any building
  OR
  Any ship
• remains without authority
• with intent to commit an imprisonable offence in the building
  OR
  with intent to commit an imprisonable offence in the ship

Question 10

Elements of Robbery S234(1) CA1961

Answer 10

• 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

Question 11

Elements of Receiving S246(1) CA1961

Answer 11

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

Question 12

Elements of Unlawful Takes Vehicle (Conversion of Vehicle)? S226 CA1961

Answer 12

• Dishonestly
• Without claim of right
• But not so as to be guilty of theft
• Takes
• For his or her own purposes
  OR
  Another persons purposes
• Any vehicle
  OR
  Any ship
  OR
  Any aircraft
  OR
  Any part of any vehicle, ship or aircraft
  OR
  Any horse

Question 13

Elements of Unlawful Uses Vehicle (Conversion of Vehicle)? S226 CA1961

Answer 13

• Dishonestly
• Without claim of right
• But not so as to be guilty of theft
• Uses
• For his or her own purposes
  OR
  Another persons purposes
• Any vehicle
  OR
  Any ship
  OR
  Any aircraft
  OR
  Any part of any vehicle, ship or aircraft
  OR
  Any horse

Question 14

Elements of Unlawful Interferes with Vehicle (Conversion of Vehicle)? S226(2) CA1961

Answer 14

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

Question 15

Elements of Unlawfully Getting Into OR Upon? S226(2) CA1961

Answer 15

• Dishonetly
• Without claim of right
• Gets into
  OR
  Gets upon
• Any vehicle
  OR
  Any ship
  OR
  Any aircraft

Question 16

Elements of Possession of Instruments? S227 CA1961

Answer 16

• Without lawful authority or excuse
• Has in his possession
• Any instrument capable of being used for taking or converting
• Any vehicle
  OR
  Any ship
  OR
  Any aircraft
• With intent to use for such a purpose

Question 17

Elements of Preparing to Commit an Imprisonable Offence? S28 SOA1981

Answer 17

• Found
• In any public place
• Behaving in a manner from which it can be reasonably inferred that the person is
• Preparing to commit an imprisonable offence

Question 18

Elements of Offensive OR Disorderly Behaviour? S4(1)(a) SOA1981

Answer 18

- In a public place 
OR 
  Within view of a public place 
- Behaves in an offensive manner 
OR 
  Behaves in a disorderly manner

Question 19

Elements of Fighting in a Public Place? S7 SOA1981

Answer 19

• Fights

- In a public place

Question 20

Elements of Excreting in a Public Place? S32(1) SOA1981

Answer 20

• Urinates or defecates

- In any public place

Question 21

Elements of Resisting Police? S23(a) SOA1981

Answer 21

• Resists
  OR
  Incites or encourages any other person to resist
• Any constable or authorised officer or prison officer or traffic officer acting in the execution of their duty

Question 22

Elements of Obstruction (Resisting Police)? S23(a) SOA1981

Answer 22

• Intentionally obstructs
  OR
  Incites or encourages any other person to obsturct
• Any constable or authorised officer or prison officer or traffic officer acting in the execution of their duty

Question 23

Elements of Trespass After Warning to Leave? S3(1) TA1980

Answer 23

• Trespasses
• On any place
• After being warned to leave that place by an occupier of that place
• Neglects or refuses to do so

Question 24

Elements of Trespass After Previous Warnings? S4(4) TA1980

Answer 24

• Being a person who has been warned under Section 4 to stay off any place
• Wilfully trespasses on that place
• Within 2 years

Question 25

Elements of Being Found on Property Without Reasonable Excuse(Building/Transport)? S29(1)(a) & (c) SOA1981

Answer 25

- Found - Without reasonable excuse - In OR On - Any building OR Any aircraft OR Any hovercraft OR Any ship, ferry or other vessel OR Any train OR Any vehicle

Question 26

Elements of Being Found on Property Without Reasonable Excuse (Enclosed Yard or Area) S29(1)(b) SOA1981

Answer 26

- Found - Without reasonable excuse - In - Any enclosed yard or other such area

Question 27

Elements of Possession of Offensive Weapons or Disabling Substances (Public Place)? S202A(4)(a) CA

Answer 27

- Without lawful authority or reasonable excuse - Has with him or her - In any public place - Any knife OR Any offensive weapon OR Any disabling substance

Question 28

Elements of Possession of Offensive Weapons or Disabling Substances (Any Place)? S202A(4)(b) CA1961

Answer 28

- Has in his or her possession - In any place - Any offensive weapon 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

Question 29

Elements of Indecent Exposure? S27 SOA1981

Answer 29

``` - In a public place OR Within view of a public place - Intentionally and obscenely - Exposes any part of his or her genitals ```

Question 30

Elements of Indecent Act in Public Place? S125 CA1961

Answer 30

- 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

Question 31

Elements of Indecent Act with Intent to Insult or Offend? S126 CA1961

Answer 31

- With intent to insult or offend any person - Does any indecent act - In any place

Question 32

Elements of Indecent Assault? S135 CA1961

Answer 32

- Indecently - Assaults - Another person

Question 33

Elements of Possession OR Use of Controlled Drugs? S7 MoDA1975

Answer 33

``` - Procure OR Possess OR Consume OR Smoke OR Otherwise use - Any controlled drug ```

Question 34

Elements of Cultivation of Prohibited Plants? S9 MoDA1975

Answer 34

- Cultivates | - A prohibited plant

Question 35

Elements of Permits use of Premises OR | Permits use of Vehicle? S12 MoDA1975

Answer 35

- Knowingly permits - Any premises OR Any motor vehicle OR Any other mode of conveyance - To be used for the purpose of the commission of an offence against the Misuse of Drugs Act 1975

Question 36

Elements of Possession of Instruments? S13 MoDA1975

Answer 36

- Has in his possession - Any pipe OR Any untensil - For the purpose of the commission of an offence against the Misuse of Drugs Act 1975.

Question 37

Elements of Unlawful Carriage OR Possession of a Firearm OR Airgun OR Pistol OR Prohibited Magazine OR Restricted Weapon OR Explosive? S45 AA1983

Answer 37

- Except for some lawful, proper and sufficient purpose - Carries OR Is in possession of - Firearm OR Airgun OR Pistol OR Prohibited magazine OR Restricted weapon OR Explosives

Question 38

Elements of Unlawful Possession of Prohibited Firearm? S50A AA1983

Answer 38

- In possession of - A prohibited firearm - Not authorised or permitted to be in possession by the Act

Question 39

Elements of Carrying an Imitation Firearm? S49 AA1983

Answer 39

- Except for some lawful, proper and sufficient purpose - Carries - An imitation firearm

Question 40

Elements of Discharging Firearm OR Airgun OR Pistol OR Restricted Weapon in or near a dwelling house OR public place? S48 AA1983

Answer 40

- 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

Question 41

Elements of Presenting a Firearm at Other Person? S52 AA1983

Answer 41

- 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

Question 42

Elements of Presenting Anything? S52 AA1983

Answer 42

- Except for some lawful and sufficient purpose - Presents - At any other person - Anything - In the 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